Gorsuch writes separately to criticize Supreme Court's stance on plea bargaining and Fourth Amendment doctrines
Justice Neil Gorsuch wrote separate opinions in two recent Supreme Court cases, agreeing with the outcomes but criticizing the Court for failing to address deeper constitutional issues. In one case, he highlighted the coercive nature of plea bargaining where defendants waive appeal rights. In another, he challenged two Fourth Amendment doctrines the Court has embraced regarding cellphone location data searches. Gorsuch argues these precedents have undermined civil liberties and urges the Court to correct these wrong turns.
Key quotes
an agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice
the Supreme Court's endorsement of coercive plea bargaining and its embrace of two dubious Fourth Amendment doctrines
Gorsuch's opinions, which criticize precedents that have undermined civil liberties
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