Mark P. Nevitt, The Operational and Legal Risks of a No-Fly Zone Over Ukrainian Skies. Just Security, March 10, 2022. The United States and its NATO allies are facing forceful calls to impose a “no-fly zone” over Ukrainian skies, with the idea of countering Russian aggression in the region, easing humanitarian suffering, and protecting Ukrainian civilians trying to flee the fighting. Ukraine has requested a no-fly zone repeatedly. In the United States, polling shows this is a popular idea: three-quarters of Americans support a NATO-imposed no-fly zone. But a no-fly zone does not equate to a no-combat zone. Quite the opposite. Enforcing a no-fly zone requires the use of military force, and in Ukraine, that would likely mean confronting the Russian military head-on. Judge Lauck of the Eastern District of Virginia recently handed down the long-awaited opinion in United States v. Chatrie, on how the Fourth Amendment applies to geofencing warrants. I believe this is the first Article III judicial opinion on the subject. Geofence warrants raise some really interesting Fourth Amendment issues, and we're likely to hear more about those issues. So begins Prof. Orin Kerr's introduction to Chatrie.
You might also be interested in NOTE: Geofence Warrants and the Fourth Amendment. 134 HARV. L. REV. 2508 (2021). In Wooden, The court explores the meaning of the word "occasion" used in the Armed Career Criminal Act. The case may have some relevance when deciding Quiroz type questions while litigating unreasonable multiplication claims (or cumulative convictions claims in international criminal law). Justices Sotomayor, Kavanaugh, and Barrett with Thomas, and Gorsuch joined by Sotomayor wrote separately to concur. Prof. Doug Berman's take here. Volokh Conspiracy's take is here. The Courts of Appeals have divided over the meaning of ACCA’s “occasions” clause. Some Circuits, like the Sixth, deem the clause satisfied whenever crimes take place at different moments in time—that is, sequentially rather than simultaneously. Other Circuits undertake a more holistic inquiry, considering not merely the precise timing but also other circumstances of the crimes. We granted certiorari, 592 U. S. ___ (2021), to resolve that split of authority. |
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
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