Preview of Member Only Content
For full access: or Become a Member
Hudson v. Michigan: Whose Fourth Amendment is It, Anyway?
By Milton Hirsch
Fourth Amendment Forum columns.
As a writer of judicial opinions, Supreme Court Justice Antonin Scalia is a brilliant advocate and polemicist. On a good day the man can sell shoe polish for toothpaste.
To compliment a judge’s opinion writing is not to bestow an unalloyed compliment. The greatest legal mind of our time has said of the greatest legal mind in our history: “Some of [Justice Oliver Wendell] Holmes’s best opinions ... possibly the most famous and influential of all his opinions, owe their distinction to their rhetorical skill rather than to the qualities of their reasoning; often they are not well reasoned at all.”1 Still, “brilliant opinion writer” is a compliment, alloyed or un-, and I want to begin with a compliment.
I want to begin with a compliment because this column is about Justice Scalia’s opinion in Hudson v. Michigan,2 and I am not going to have anything else nice to say.
Booker Hudson was sitting at home minding his own business when the police knocked his door down. As it happens, the business
Want to read more?
The Champion archive is reserved for NACDL members.
NACDL members, please login to read the rest of this article.
Not a member? Join now.
Or click here to see an overview of NACDL Member benefits.
See what NACDL members say about us.
To read the current issue of The Champion in its entirety, click here.
- Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or email@example.com
- Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.