Posted by Eugene Volokh: Illegal Aliens and Other Constitutional Provisions: http://volokh.com/archives/archive_2008_08_10-2008_08_16.shtml#1218688024
The magistrate judge's opinion in the [1]Second Amendment illegal alien case also reminded me of our own then-Judge Paul Cassell's opinion in a [2]Fourth Amendment case involving an illegal alien who feloniously reentered the U.S. If the magistrate judge's opinion is adopted by the district court, and the decision is then appealed and affirmed using the reasoning that "the people" doesn't generally include illegal aliens, it may well have an important effect on Fourth Amendment illegal alien cases as well as Second Amendment ones. References 1. http://volokh.com/archives/archive_2008_08_10-2008_08_16.shtml#1218685192 2. http://volokh.powerblogs.com/files/usvesparzamendoza.txt _______________________________________________ Volokh mailing list [email protected] http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh
