I don't know why I am always surprised at the heavy-handed, thuggish, stupidity of the "the Chicago way"; but there is a nice example of it. Chicago should have just titled it's brief "We would like to deny the Plaintiff's civil rights under color of authority but they won't comply!"
It is like they secretly want Gura to not only win; but be able to sue them for insane damages afterwards.
On another humorous note, Justice Breyer argues that the Court is not politicized and makes its decisions solely on the Constitution in a recent WSJ article
. Given the fact that not one Justice actually argued that Gura was wrong in his P&I interpretation and the subsequent 5-4 split in the results, I'd have to say I am skeptical of that argument.