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Re:As Qualified Immunity Takes Center Stage, More Delay from... by AdmiralAsshat on Monday June 01, 2020 @02:05PM (#23381651)
Every QI case the Supreme Court has taken in the past few years has only made it stronger. There is no chance that Trump's SCOTUS is going to change their tune.
Re:As Qualified Immunity Takes Center Stage, More Delay from... by tathougies on Monday June 01, 2020 @02:35PM (#23382013)
Um.. Clarence Thomas doesn't like it either. In his opinion on Zigler v Abbasi, Justice Thomas says:

> Because our analysis is no longer grounded in the common-law backdrop against which Congress enacted the 1871 Act, we are no longer engaged in “interpret[ing] the intent of Congress in enacting” the Act. Our qualified immunity precedents instead represent precisely the sort of “freewheeling policy choice[s]” that we have previously disclaimed the power to make. Rehberg v. Paulk, 566 U. S. 356, 363 (2012) (internal quotation marks omitted).

>

> … Until we shift the focus of our inquiry to whether immunity existed at common law, we will continue to substitute our own policy preferences for the mandates of Congress. In an appropriate case, we should reconsider our qualified immunity jurisprudence.

[dead]
Re:As Qualified Immunity Takes Center Stage, More Delay from... by gowld on Monday June 01, 2020 @02:58PM (#23382292)
Comment works a lot better without the cheetoh part.
Re:As Qualified Immunity Takes Center Stage, More Delay from... by csours on Monday June 01, 2020 @03:54PM (#23382967)
So do governments.