Pottawattamie County v. McGhee Oral Argument Transcript

The oral argument transcript from Pottawattamie County v. McGhee is available here.

Having read the oral argument transcript: It seems clear that Chief Justice Roberts and Justice Alito both favor the prosecutors.  Justice Breyer is a strong "maybe" for the prosecutors, as is Justice Scalia.  Justices Stevens and Ginsburg are going to vote in favor of the framed men: Justice Sotomayor is seemingly inclined to join them.  Justice Kennedy could go either way.

Justice Thomas, as is his habit, said nothing.  Justice Thomas is generally pro-prosecutor, and thus it's unlikely he'd cast the deciding vote in favor of liability.

This is going to be a close case.  That a case where a prosecutor framed an innocent citizen is a close case belies the assertion that liberal judicial activists have taken over the courts.

This should be an easy case.  Police are entitled to qualified immunity for pre-trial conduct.  Prosecutors do not deserve more protection than police officers receive.  That should be especially true where, as in Pottawattamie County, prosecutors framed an innocent man for murder.