Orin Kerr

Professor, Stanford Law School.
Senior Fellow, Hoover Institution.

Read my book:

[Jay Nordlinger @jaynordlinger]

A complaint from me, renewed: People who benefit from "capitalism," or a free economy, have no idea they do. They think goods and services, at affordable prices, drop from heaven. Or come from their favorite pol or podcaster. We have a sore need of economic literacy.

[Bryan A. Garner @BryanGarnerLaw]

This is from my wife’s undergrad friend in New York City—a friend I’ve yet to meet. It’s just one more testament (if I may say so) to the versatile utility of my books. Reference-book authors everywhere can take heart.

[Orin Kerr @OrinKerr]

@DavidAstinWalsh @nicholasbirns Agreed. Similarly, people criticize law reviews as unserious, but student law review editors painstakingly check the sources to make sure they are accurately described. Academic presses are more likely to just take the manuscript, format it, and publish it.

[Orin Kerr @OrinKerr]

@damintoell You go from being Mallory’s boyfriend on Family Ties to this, actors gotta pay the bills.

[Orin Kerr @OrinKerr]

@robertgraham Probably, yes. This is more of a drafting error and an admin screwup than anything else.

[Orin Kerr @OrinKerr]

Govt gets a warrant to search suspect's iPhone 6S for CSAM based on his t-mobile phone account being used for CSAM. Officers spot man, take his phone—but it's an iPhone 13. Officers search the 13 anyway, find CSAM. CA1: Suppressed, no good faith.
https://t.co/4oPLMKxrO1 #N

[Orin Kerr @OrinKerr]

@CBHessick "Overturn Citizens United!" -- t̶h̶e̶ ̶l̶e̶f̶t̶ the right**

** ok, not necessarily, but close?

[Orin Kerr @OrinKerr]

@dieworkwear Related story from the @WSJ (gift link)
https://t.co/ICnTvenZ9g

[Orin Kerr @OrinKerr]

This makes a lot of sense. I wonder, though, if they would just say there's a different aesthetic for suits popular in some circles today—one that contrasts with classic style—in which suits are worn extra tight to create a sense that the wearer is so physically strong that they are sort of bursting out of it.

[Orin Kerr @OrinKerr]

@KeithNHumphreys parasite is such a needlessly negative word

[Carol Leonnig @CarolLeonnig]

SCOOP O CLOCK- @FBIDirectorKash summoned to White House by frustrated Trunp advisers today . He had to cancel his jet trip to see his girlfriend play at a country music festival in Chicago - from the tarmac. Great @MSNOWNews team
https://t.co/Up4HTbvWfG

[Orin Kerr @OrinKerr]

@BenevolusLeland Definitely worth reading Chatrie on this.

[Orin Kerr @OrinKerr]

It will be interesting to see if ALPRs are allowed after Chatrie—or, if warrants are permitted to use them, what kind of uses are deemed allowed with a warrant.

And if ALPRs systems are not allowed, what about a single ALPR? What about an officer with an iPhone? Stay tuned.

[windyjosh @windyjosh92]

You may be interested to learn that our ALPR lawsuit, Schmidt v. City of Norfolk, is currently on appeal before the Fourth Circuit and the parties are actively briefing Chatrie’s impact. Our reply brief is next up, and then, presumably, argument will get set. Should be a blockbuster!

[Orin Kerr @OrinKerr]

@byelin Interesting. We'll see!

[Orin Kerr @OrinKerr]

@n88175 @danepps There was nothing better than leaving study hall to go to the computer room to work on my BASIC programs with the new Model IIIs.

[Orin Kerr @OrinKerr]

@danepps I let students decide what to do, as they're adults. But I'm underwhelmed by the notion that banning laptops is "clinging to the past," given the studies suggesting that not using a laptop is helpful to student learning.

[Orin Kerr @OrinKerr]

Most people answering seem to think no, although there's some disagreement. My own guess is that the answer is no—if overturning H's E means taking down all the agencies that relied on it, then they probably wouldn't overturn H's E- which to my mind suggests a really interesting contingency in the ruling, at least as a stare decisis person like me.

[Orin Kerr @OrinKerr]

I have a Trump v. Slaughter question, which I ask while emphasizing that this is not *at all* my area, so this is more a call for speculation or correction among those who follow the subject more than I do. Here's the question: If it were clear that the remedy for invalidating the for-cause removal provision for the FTC were the invalidation of the entire agency and other agencies with the same for-cause provision, would there have been 5 votes to overturn Humphrey's Executor? Cf. Trump v. Cook.

[Jack Goldsmith @jacklgoldsmith]

Bob Bauer and I discuss how the Trump administration is using law enforcement and executive power more generally to influence the congressional elections--aims, tactics, failures to date, and more.

https://t.co/jAWjKsvVvt

[Orin Kerr @OrinKerr]

@kkaplan I don't know of any other cases in which this has come up.

[Ed Whelan @EdWhelanEPPC]

Trump to DOJ: "I think this situation absolutely requires that a really futile and stupid gesture be done on somebody's part. We're just the guys to do it."

[Orin Kerr @OrinKerr]

CA11 deepens the split—now 3 to 3—on whether the private search reconstruction doctrine allows the govt to open a computer file w/o a warrant after a private Internet provider scans it & finds a hash match w/known CSAM file. CA11, per Newsom, says yes. https://t.co/h8yz1Knfv6 #N