Judges, Liberty and Security
The two biggest news stories of the week collide on a two part Friday Episode. First, the debate over the replacement of Senior Supreme Court Associate Justice Antonin Scalia is certain to be the political fight of the century – at least so far. But was that always the case? And since it wasn’t always this way over Supreme Court nominees, what has changed and why? When you really boil it down, isn’t this just another example of how things changed without We the People really noticing?
In Part II, the Court will inevitably get involved in the fight over whether or not Apple should or should not give the FBI what it is asking for when it comes to the San Bernardino Terrorists’ phone. As it stands today, this is NOT a 4th Amendment issue – at least not in this case – and there are some very specific reasons why it is not. But what about next week or next month or next year? What if Congress gets its way and actually passes a law requiring that the ALL phone manufacturers provide ALL LEO’s with access to ALL cell phones via a software backdoor?
Posted on February 19, 2016, in News & Notes and tagged 4th Amendment, Apple, Article III, Cell Phones, Congress, Constitution, Encryption, FBI, Judiciary, Justice Antonin Scalia, Supreme Court. Bookmark the permalink. Leave a comment.