Archives for Antonin Scalia

The Supreme Court’s Generational, Digital Divide: Sotomayor v. Scalia On NSA

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U.S. Supreme Court Associate Justices Antonin Scalia (age 78) and Sonia Sotomayor (age 59)

SOTOMAYOR IN 2012: “A Fourth Amendment search occurs when the government violates a subjective expectation of privacy that society recognizes as reasonable. GPS monitoring generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. Disclosed in GPS data will be trips the indisputably private nature of which takes little imagination to conjure: trips to the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-the-hour motel, the union meeting, the mosque, synagogue or church, the gay bar and on and on. The Government can store such records and efficiently mine them for information years into the future. And because GPS monitoring is cheap in comparison to conventional surveillance techniques and, by design, proceeds surreptitiously, it evades the ordinary checks that constrain abusive law enforcement practices: limited police resources and community hostility.”

SCALIA IN 2014: “I don’t know how serious the danger is in this NSA stuff, I really don’t.”

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