LOPEZ-LERMA

v.

UNITED STATES

Citator

Cited By

• Pearson v. Callahan, 555 U.S. 223 (U.S. 2009)
  …of this Court have also voiced criticism of the Saucier rule. See Morse v. Frederick, 551 U. S. 393, 432 (2007) (Breyer, J., concurring in judgment in part and dissenting in part) (“I would end the failed Saucier experiment now”); Bunting v. Mellen, 541 U. S. 1019 (2004) (Stevens, J., joined by Ginsburg and Breyer, JJ., respecting denial of certiorari) (criticizing the “unwise judge-made rule under which courts must decide whether the plaintiff has alleged a constitutional violation before addressing the ques…

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• Scott v. Harris, 550 U.S. 372 (U.S. 2007)
  …y in cases where the constitutional question is relatively difficult and the qualified immunity question relatively straightforward. See, e. g., Brosseau, supra, at 201 (Breyer, J., joined by Scalia and Ginsburg, JJ., concurring); Bunting v. Mellen, 541 U. S. 1019 (2004) (Stevens, J., joined by Ginsburg and Breyer, JJ., respecting denial of certiorari); id., at 1025 (Scalia, J., joined by Rehnquist, C. J., dissenting). See also Lyons v. Xenia, 417 F. 3d 565, 580-584 (CA6 2005) (Sutton, J., concurring). We…
• Brosseau v. Haugen, 543 U.S. 194 (U.S. 2004)
  …case before the court. Indeed when courts’ dockets are crowded, a rigid “order of [*202] battle” makes little administrative sense and can sometimes lead to a constitutional decision that is effectively insulated from review, see Bunting v. Mellen, 541 U. S. 1019, 1025 (2004) (Scalia, J., dissenting from denial of certiorari). For these reasons, I think we should reconsider this issue.…