Brett Kavanaugh Questions Injury Law Framework in Case v. Montana

Kavanaugh's Skepticism on Sliding Scales

• ⚖️ Justice Kavanaugh expresses confusion regarding the concept of a "sliding scale" in injury law, stating, "I don't understand the sliding scale thing at all."
• 📌 He contrasts this with established legal principles, referencing "Brigham City" which requires a severe risk of harm to the occupant, often articulated as life or limb.
• 💡 Kavanaugh emphasizes that severity is a distinct factor and does not permit a sliding scale where minor issues can be addressed with extensive evidence.

Lawyer's Defense of the Sliding Scale

• 💬 The lawyer agrees that there's an outer bound defined by "serious injury" but argues that not all serious injuries are alike.
• ⚡ The defense proposes that the degree of exigency and the severity of the injury may justify officers relying on less information or less reliable information in certain instances.
• 📜 This framework is presented as a guidepost, drawing parallels to how private individuals might act when life and limb are at stake.

Constitutional Arguments

• 🏛️ The lawyer argues that their interpretation is not a direct one-to-one historical analog but is supported by the text of the Fourth Amendment.
• 🚫 They contend that the petitioner is attempting to impose a uniform probable cause requirement not compelled by the amendment's text.