In a speech last night, retired Supreme Court Justice John Paul Stevens made clear his displeasure with the Court’s recent decision in Connick v. Thompson and urged congressional action to hold prosecutors clearly liable for the civil rights violations of their underlings.
Stevens highlighted what he said were the “shocking facts” of the case, which pointed to prosecutorial misconduct well beyond a single act — including concealment of blood evidence and of conflicting police reports.
Stevens said Scalia [in his concurring opinion] had “either overlooked or chosen to ignore the fact that bad faith, knowing violations may be caused by improper supervision.”
Monday at the Supreme Court was large.
** A tasty duel between Roberts, C.J. and Kagan, J. over the constitutionality of the Arizona matching funds campaign-finance scheme. (Added bonus: First Amendment wins.)
** Per Scalia, J., violent video-games for all. (First Amendment wins again.)
But the true highlight was Justice Scalia’s dissent from the denial of certiorari in a series of cases arising under the Armed Career Criminal Act.