Robin Vander Wall
Keep in mind, once again, that the high court “affirms” (leaves alone) the Sixth Circuit’s opinion by denying the petition. If the Court grants the petition, it sees something it doesn’t like. Most everything about the Sixth Circuit’s opinion is likable if you’re a registered citizen. So why would we want it disturbed by the high court?
In response to your second question: there is nothing to stop Bubba Justice from arresting anyone under any “reasonably articulable suspicion” of having committed an offense. But I think you overstate your case when you say that nobody is held accountable for breaking the rules. That’s really not an accurate depiction. Very few judges are going to risk being disrobed or sanctioned by deliberately ignoring clearly established case law. But that’s the whole reason we have a judiciary…to keep check on the other two branches of government. So if Bubba hauls someone into court under on an unconstitutional charge, the judge is going to dismiss the charge. If the judge gets it wrong and ends up convicting, then the case goes to the appellate level where additional judges have an opportunity to reverse the outcome in view of the lower judge’s “plain error.”