Posted on 05/31/2011 12:39:44 PM PDT by SmithL
The Supreme Court on Tuesday threw out damage claims against former Attorney General John Ashcroft over an American Muslim's arrest, but four justices said the case raises serious questions about post-9/11 detentions under a federal law intended to make sure witnesses testify.
The justices were unanimous, 8-0, in holding that Ashcroft cannot be personally sued over his role in the arrest of Abdullah al-Kidd in 2003. The court sets a high bar for suing high-ranking officials, and all the justices agreed al-Kidd did not meet it, even though he was never charged with a crime or called to testify in the terrorism-related trial for which he ostensibly was needed.
Al-Kidd contended that his arrest under the material witness statute had a more sinister motive that violated his constitutional rights — federal authorities suspected him of ties to terrorism but lacked evidence that he committed or was planning a crime. And, he said, Ashcroft blessed the use of the law in the days after the Sept. 11, 2001, attacks to take suspected terrorists off the street.
A five-justice majority absolved Ashcroft of any wrongdoing. "We hold ... that Ashcroft did not violate al-Kidd's Fourth Amendment rights," Justice Antonin Scalia said in his majority opinion. The five justices in the majority on this aspect of the decision are all Republican appointees.
(Excerpt) Read more at sfgate.com ...
Actually it is a pretty normal day for the 9th Circus when they slapped around by the SCOTUS. They are used to it.
Even the court leftists will protect the “rights” of the ruling class elite.
I think they like it.
Actually it is a pretty normal day for the 9th Circus when they slapped around by the SCOTUS. They are used to it.
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