Supreme Court of the United States
John D. Ashcroft v. Abdullah Al-Kidd — Kennedy, J., Dissenting
May 31, 2011179 L. Ed. 2d 1149
Summary
Justice Kennedy joined the Court's opinion fully but concurred in full, noting the Government's use of the material-witness statute raises unresolved lawful authority and Fourth Amendment questions, and arguing national officeholders should receive qualified immunity deference for jurisdictional inconsistency. Justices Ginsburg and Sotomayor concurred in the judgment, objecting to addressing the Fourth Amendment merits and highlighting potential deficiencies in the warrant application and harsh conditions of al-Kidd's confinement.