Gant Is About People

I greatly respect law professor Orin Kerr’s legal analysis. He’s one smart cookie. With that said, his post speculating on how the brand new SCOTUS case Arizona v. Gant (.pdf) “will apply in practice” made me smile. When Professor Kerr thinks about Gant, he thinks in terms of faceless facts and abstract principles. When I think about Gant, I think of the names of specific people — people that I currently represent — that this case can help. Law profs get to have fun in the law reviews and classrooms; I get to have fun in the courtroom. I’ll see you in the trenches.

Jeremy Richey

2 Responses to “Gant Is About People”

  1. 1 Orin Kerr April 22, 2009 at 3:16 pm


    Glad you like my blogging. You’re right that I don’t presently have any cases that are raising potential Gant issues, and my interests at this stage are “academic” in the sense that I want to know how Gant changes the law generally.

    At the same time, I’m not sure there’s such a big difference between how you and I look at the case. When I think about how Gant would apply “in practice,” I’m thinking about how you and others may try to use the case and how real judges may respond. And happily, at least for me, my job lets me litigate some cases on the side, too: I don’t get to live in the trenches, but I do get to visit once in a while.

    Orin Kerr

  2. 2 Jeremy April 22, 2009 at 10:30 pm


    Thanks for the comment. Despite my pot shot, I do appreciate your contributions to the world of criminal procedure; your blog posts and other writings help me think through the issues I encounter. When I heard that this case came out, I purposefully headed over to Volokh to see if you had posted anything.

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Jeremy J. Richey, Attorney at Law
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