Examples
“Would the courts engage in pretextual analysis in determining whether a national security warrant was valid for purposes of a criminal trial?”
The Volokh Conspiracy » The Modest Role of the Warrant Clause in National Security Investigations
“– Would the courts engage in pretextual analysis in determining whether a national security warrant was valid for purposes of a criminal trial?”
The Volokh Conspiracy » The Modest Role of the Warrant Clause in National Security Investigations
“Instead, most contemporary students, perhaps rightly, are reinforced in their basic cynicism about constitutional law when the see what appears to be the shameless "pretextual" use of the Commerce Clause to achieve extremely admirable ends that have precious little to do with instantiating the underlying purposes of the Commerce Clause.”
“There is case law here that pretty much establishes the validity of so-called pretextual’ stops, if in fact a violation occurred, even if the real reason for the stop is a desire by the cops to conduct some other investigative function unrelated to the original observed violation.”
The Volokh Conspiracy » Officer Questioning in a Traffic Stop
“Burlington claims he was "subjected to a hostile work environment based on his race," and that his firing was "pretextual," discriminatory, and done with "reckless indifference.”
“The lawsuit claims porters reported in 2002 that the port police were making "pretextual" stops of workers.”
“The "truly difficult" challenge here was justifying a ruling in favor of the government without even allowing the property owners to present their evidence of a pretextual taking before a jury precisely the kind of "pretextual" taking that even the Kelo majority considered to be unconstitutional.”
“Quite troubling, the Supreme Court has held that the police can stop and search a person even if they are doing so entirely on a pretextual ground.”
Simon & Schuster: The Conservative Assault on the Constitution
“The fact that the stop was entirely pretextual—the police were using the traffic violation as a pretext for a search for drugs—did not matter.”
Simon & Schuster: The Conservative Assault on the Constitution
“That charge could make sense on the assumption that the “colour-blindness” of the programmes advocated is merely pretextual.”
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