At Volokh Conspiracy, Nicholas Quinn Rosenkranz: Los Angeles v. Patel and the constitutional structure of judicial review. From the introduction:
Lost in the shuffle of Supreme Court commentary last week was Los Angeles v. Patel, a case that is ostensibly about unreasonable searches under the Fourth Amendment, but that is, more fundamentally, about the proper structure of judicial review.
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In this post, I will discuss the court’s holding that “facial challenges can be brought under the Fourth Amendment.” The opinion on this point is disappointing, both because it is wrong and because it misses a perfect opportunity to think deeply about the constitutional structure of judicial review.
Also I like this line: "Doctrinal arguments can and should help courts avoid reinventing the wheel, but only if some prior case in fact invented the wheel. "
Posted at 6:49 AM