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-Legitimacy DA |
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-Overrules hurt court legitimacy – perception is key. Idleman 95 |
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- (Scott, Assistant professor at Marquette Law, ARTICLE: A Prudential Theory of Judicial Candor, Texas Law Review, May 1995, 73 Tex. L. Rev. 1307, lexis) |
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-The third and final competing value under the heading of institutional legitimacy is continuity, |
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-AND |
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-with ambivalence; we respect legitimacy, but celebrate greatness. 2 9 7 |
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-Decades of court decisions affirm qualified immunity – the aff would overrule years of precedence. |
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-Schwartz, Martin. "Supreme Court Fortifies Qualified Immunity for Law Enforcement Officers in Warrant Cases." Digitalcommons.com. Touro Law, 2013.. |
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-The United States Supreme Court in Messerschmidt v. Millender5 held that police offi cers |
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-AND |
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-only if the offi cer violated the plaintiff’s clearly established Fourth Amendment rights. |