Noem v. Perdomo Is Grants Pass Redux

I continue to mull over Noem v. Perdomo. This case is different from recent emergency docket orders, which typically involve questions about administrative law and presidential power. Noem considers a more traditional constitutional dispute about the Fourth Amendment. In recent years, the Court has granted very few Fourth Amendment petitions. There is one case this year about the emergency-aid exception. So perhaps it is unusual for the Supreme Court to jump back into the CrimPro fray on the emergency docket.

But taking a step back, Noem may just represent where the current Court is on matters of criminal procedure. We have seen the Justices pivot to the right on a number of issues. But so far, the Fourth Amendment has not been affected. The last big Fourth Amendment case, Carpenter, was