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> I don't think that's what Castle Rock v. Gonzalez means. It pretty narrowly addresses "legitimate claim of entitlement" related to enforcement of a restrainin
by chimeracoder 4y ago
> I don't think that's what Castle Rock v. Gonzalez means. It pretty narrowly addresses "legitimate claim of entitlement" related to enforcement of a restraining order. Scalia specifically held that "enforcement of the restraining order was not mandatory under Colorado law," which means that a state COULD mandate enforcement, but that Colorado had not.
That's actually not true! Read the ruling itself and you'll see. Or if you can't read the ruling, read the legal analysis of it.
The ruling is incredibly broad and exhaustive. It basically said "Colorado didn't, but even if they had, they couldn't because that would be unconstitutional, and even if it weren't, the Due Process clause wouldn't apply, and even if it did, the value would be $0".
It basically preempted five levels of rebuttals to the law, making it difficult or impossible to overturn it without directly abandoning stare decisis.
Scalia'a argument for why the law was unconstitutional basically boils down to "police have always enjoyed near-unlimited freedom, and this law is too recent in the scale of US history, so it contradicts historical precedent". Which is another way of saying that states can't pass laws to restrict police discretion, because any law that is passed is by definition... "recent".
The ruling did that because the Colorado law was quite explicit in how it mandated a right to enforcement, so there was no other way to overturn the law.
And as if that's not enough, the precedent applied is quite clear: courts including in New York City have specifically used Castle Rock to rule that police do not have a duty to protect, serve, prevent crime, or intervene in a crime that is taking place, even if they were specifically dispatched to arrest that particular criminal for that particular crime. (Yes, that last part was an NYC court ruling that cited Castle Rock as precedent).
- ch4s3 4y agoThat's interesting. I've read a few summaries of the decision but not the original text. I'd be curious to see how the court would respond to a state like Texas or Arizona challenging Castle Rock on something like immigration enforcement.
- colejohnson66 4y ago> impossible to overturn it without directly abandoning stare decisis. The Supreme Court really doesn’t care about state decisis except when it suits them. That was made plainly evident last year in Dobbs v. JWHO.
- ROTMetro 4y agoGreat. Get rid of 'Police' departments and create a new form of community protection with no long history and none of that baggage :) problem solved. Thanks Scalia for encouraging 'defund the Police' as the ONLY solution to the problem!