Bob Camreta v. Sarah Greene, Personally and as Next Friend of S. G., a Minor, and K. G., a Minor — Kennedy, J…

Summary

Justice Kennedy, dissenting, argues that the Court's decision creates an unwarranted exception to the prevailing-party rule by allowing review of non-binding constitutional dicta in qualified immunity cases. He maintains Article III prohibits appellate review of statements not necessary to a judgment, and that the Court's reliance on Electrical Fittings and Deposit Guaranty is misplaced because those cases involved actual judgments entered against the petitioners' interests. Justice Sotomayor, concurring in the judgment, would have avoided the standing question and simply vacated the merits holding.