Originally Posted by
Ripster42
It's my understanding that appeals judges (I'm including SCOTUS here) try to limit the scope of their rulings, but it's hard for me to imagine that it would really be impossible for SCOTUS to say, "We were wrong, qualified immunity doesn't exist, our constitution already provides a justice system that gives people a fair trial, presided over by one branch of our government, with prosecutorial discretion in the hands of another." I would think that SCOTUS would want to look after the "appearance of justice" as a part of their constitutional duty.
I understand why it'd be really hard for a lower court to say anything like that, but the reading of qualified immunity that suggests an irresolvable conundrum of requiring clearly established precedent and effectively requiring a challenge all the way to the supreme court to establish any precedent. In my mind, it essentially leads to a situation where SCOTUS, in the interests of justice, should be reviewing all police misconduct claims, a clearly nonsense notion.