Three years into his job as chief justice, is John Roberts Jr. already getting bored with traditional opinion-writing? Or is it just one more way in which he is following in the footsteps of William Rehnquist, his predecessor, mentor and amateur mystery writer? Or does Roberts have a law clerk who’s a descendant of Dashiell Hammett?
These are just three of the questions that come to mind after reading an extraordinary dissent from denial of review issued Tuesday morning by the Supreme Court in Pennsylvania v. Dunlap, a fairly routine drug arrest case raising “probable cause” issues. Roberts, who was joined by Justice Anthony Kennedy, wrote the dissent, and this is how it begins:
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