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The ITT List

Wednesday, Mar 22, 2006, 10:08 am

Souter spanks Roberts in opinion match

By Brian Zick

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Justice David Souter wrote the majority opinion in Georgia v Randolph. Rookie Chief Justice John Roberts wrote a critical dissent.

SCOTUSblog has links to the majority opinion, concurrences and dissents

The decision narrowed the circumstances under which police authorities can enter and search a home without a warrant. The case arose in a domestic dispute situation, wherein the husband refused search permission and the wife gave permission to police.

David Stout, in The New York Times report on the decision, called attention to Roberts' grievance, and Souter's cold smackdown:

And alluding to the chief justice's complaint that the majority did not address what would happen if there were a third household occupant involved, Justice Souter said, "We decide the case before us, not a different one."
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