Bench Memos

Muddled or Deceptive?

On the topic of the good-faith exception to the exclusionary rule, I’ve previously documented the White House’s wild misrepresentation of the relationship between Judge Sotomayor’s 1999 ruling in United States v. Santa and the Supreme Court’s ruling this past January in Herring v. United States.  (Short version:  The cases involved distinct issues.)  In her exchange this morning with Senator Klobuchar about the Santa case, Sotomayor embraced the White House’s false spin:  

“it’s a holding the Supreme Court — an issue the Supreme Court addressed just this term… and came out — well, I came out the way the Supreme Court did on that.”

Surely she must know better, right?

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