Check out this post by SCOTUSblog Guest Blogger Nancy Leong, a Visiting Scholar at Georgetown:
http://www.scotusblog.com/wp/guest-commentary-pearson-v-callahan/#more-8584
Her post takes an
empirical approach to analyzing the Court's decision on Wednesday in Pearson v.
Callahan, in which the Court held that it is no longer mandatory for courts to
decide the merits of a constitutional claim before determining the validity of
a qualified immunity defense raised against that claim. Based on her
previous analysis of a sample of over 600 randomly selected federal cases, her
post predicts that the decision will result in less constitutional law
articulation overall, but that a greater percentage of the law articulated will
favor plaintiffs.
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