Re:Supreme Court expands meaning of 'seizure' under 4th Amen...
by duxup on Friday March 26, 2021 @10:27AM
(#26592554)
It's not suspect, I think you just don't understand how things played out.
If the basis of the lawsuit (in this case the 4th amendment) is wrong, then they should throw the case out at that point.
SCOTUS's job is to determine if the basis for the lawsuit is constitutional or not, they don't determine the facts of the case or anything like that, just if they can sue under the 4th amendment or not. They decided that yes they can.
Now the case can proceeded. This isn't unusual in any way.
If the basis of the lawsuit (in this case the 4th amendment) is wrong, then they should throw the case out at that point.
SCOTUS's job is to determine if the basis for the lawsuit is constitutional or not, they don't determine the facts of the case or anything like that, just if they can sue under the 4th amendment or not. They decided that yes they can.
Now the case can proceeded. This isn't unusual in any way.