Monday, January 14, 2008

Officer Scalia?

Our DC-based colleague over at Lawyers USA, Kim Atkins, was down at the U.S. Supreme Court today, listening to argument in a case from Portsmouth, Virginia v. Moore.

It's a search case that has already been through the Supreme Court of Virginia, where the defendant prevailed.

But 18 attorneys general from other states have backed the Virginia authorities in the case, even if the ABA and the NACDL are supporting Mr. Moore.

Justice Antonin Scalia, in a line of questions for Stephen McCullough, the deputy solicitor general appearing on behalf of the commonwealth, played "what if." He asked what if he had a neighbor near his home in McLean who was growing dope and what if he conducted a search on behalf of the commonwealth.

Check out the DC Dicta post to see just how far Scalia took this one.

No comments: