Supreme Court To Decide If Secret Service Violated Rights Of Cheney Critic
The lower courts are divided over whether retaliatory arrest claims based on the First Amendment are permissible when there are otherwise sufficient grounds for the arrest.
The case, Reichle v. Howards, No. 11-262, will be heard by an eight-member court. Justice Elena Kagan indicated that she would not participate, presumably because she worked on the case as United States solicitor general.
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