3 ms·
They can rule narrowly when they want to. This guy has been to SCOTUS twice over what others may consider to be minor matters. https://en.wikipedia.org/wiki/Fan
by anonymouskimmer 4y ago
They can rule narrowly when they want to. This guy has been to SCOTUS twice over what others may consider to be minor matters. https://en.wikipedia.org/wiki/Fane_Lozman https://en.wikipedia.org/wiki/Fane_Lozman
And in the second case (involving retaliatory arrest): https://en.wikipedia.org/wiki/Lozman_v._City_of_Riviera_Beach_(2018) https://en.wikipedia.org/wiki/Lozman_v._City_of_Riviera_Beac...
> At oral arguments, justices expressed both sympathy for Lozman and hesitance to issue a ruling that might hinder law enforcement. Their eventual ruling in Lozman's favor was very narrow, holding that the Mt. Healthy test was appropriate "on facts like these",[1] based on the alleged "official municipal policy"[2] of retaliation and the importance of the right to petition.
If the guy in the case at hand had spent $875 thousand in suing the Ohio police I wonder if they would have taken up the case. Or perhaps you're right and the court is just loath to pick up any case touching qualified immunity. If anything I'd guess that they just don't have much sympathy for satire against law enforcement (especially when it's not immediately obvious that it's satire).
- tptacek 4y agoI think they prefer to keep things narrow, as a general rule, right? That was what I was trying to express earlier: that the fact pattern of this case might not even lead them to QI, because some dumber issue might be at play.
- anonymouskimmer 4y agoLikely. I edited in a possibility into my comment as you were posting this reply.