Justice Kavanaugh asks his former clerk, Assistant SG Rebecca Taibleson, if Justice Scalia, her other former boss, was correct about originalism.
Today the Court heard oral argument in Torres v. Madrid (the subject of the Harlan Institute Virtual Supreme Court competition this year). This case presents the question whether there is a “seizure” for purposes of the Fourth Amendment if the police shoot a fleeing suspect, but the bullets do not stop her. The Court allowed the United States to participate as amicus curiae. Rebecca Taibleson, an Assistant to the Solicitor General, presented oral arguments.
There was one exchange that was special. Taibleson clerked for then-Judge Kavanaugh and for Justice Scalia. And Justice Kavanaugh asked his former clerk one question: was Justice Scalia correct about the original understanding of the Fourth Amendment? The answer has to be, “Yes, the boss was right?”
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