Gorsuch appears to be as protective of the 4th Amendment as Scalia was

S

Starman

New Member
http://www.abajournal.com/news/arti...liberals_on_need_for_warrant_to_get_cellphone

During oral arguments on Wednesday, Gorsuch suggested the cellphone records were the property of Carpenter and shouldn’t have been disclosed without a warrant. Several other justices said a warrant was needed because the detailed phone records violated Carpenter’s expectation of privacy.

The government had argued the records had no Fourth Amendment protection because the cellphone location information is shared with a third party, according to coverage by SCOTUSblog.

Justices Samuel A. Alito Jr. and Anthony M. Kennedy appeared most inclined to agree with the government that a warrant wasn’t needed, according to the Post. Justice Sonia Sotomayor appeared to most favor protections for the data.
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Scalia was one the of the most rabid supporters of the 4th Amendment that people alive today are ever likely to see. This is often and unpopular position, as you end up siding the who are generally seen as political opposition. Like the time, for example, in Maryland v. King where Scalia joined Kegan, Ginsberg, and to Sotomayor in opposing mandatory DNA testing of suspects who were arrested. It was a valiant and vitally important defense of the 4th.

I recommend reading Gorsuch's opinions. The dude is the frigging master of all wordsmithing, and his opinions read like beautiful poetry.
 
GURPS

GURPS

INGSOC
PREMO Member
Starman said:
I recommend reading Gorsuch's opinions. The dude is the frigging master of all wordsmithing, and his opinions read like beautiful poetry.
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Hopefully we get a couple more like him, in the next 3 yrs
 
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