John D. Ashcroft v. Abdullah Al-Kidd — Ginsburg, J., Concurring

Summary

Justice Ginsburg concurred in the judgment, agreeing no clearly established law rendered Ashcroft liable for damages. She argued the Court should not have resolved al-Kidd's Fourth Amendment claim on the merits as that was unnecessary for the outcome. Ginsburg noted concerns about the validity of the material witness warrant and the harsh custodial conditions.