carpenter vs US

[John Galt]

I find myself agreeing with Gorsuch's dissent. the court's reasoning is silly. they were trying to carve out a special exemption for GPS on phone monitoring when the real thing they should be doing is protecting everyone's private data -- regardless of it being held in third party hands. i've seen people ask "why is it that small government conservatives like gorsuch are against privacy???" because he dissented, which is pretty funny. "then why he dissent then, huh?" well, he's against the basic premises of the court's opinion, so... he would have to. also a person on reddit informed me that Gorsuch's opinion was solely created to protect Paul Manafort related to a search of something he was trying to suppress, about a news item earlier today. this f**k country man

[Saz]

[Saz]

Actually good shout on this. Haven't read the full opinion, but yes you are right he is going for something much bigger with this dissent - and I have to say its a direction I would approve. It's clear the current jurisprudence is not fit for purpose and leads to absurd conclusions that fly in the face of our common understanding of the fourth amendment - the helicopter quip was a good one.

[John Galt]

At this point it's clear an amendment or part of a rewrite of the whole thing is needed for the protection to encompass third party holding data. I don't think it's unreasonable to require the government to obtain a warrant to get your emails, your call history, your bank records, your GPS history, or anything that is personal records of you, regardless of who owns it

[Saz]

[Saz]

This also gets back to the point I was making in the other thread with the border issues. We let congress off the hook far to easily. It's the f**k legislature, it needs to legislate. It's creating serious tensions with the other branches of government as they attempt to essentially push through policy in light of congressional inaction.

[fstarcstar]

Only 25% of Americans can name all three branches of government, there is no hope for understanding what the legislature is for. There is a reason why the founders believed the legislative branch was the most dangerous.

[ToddStarnes]

And that reason is the opposite of congressional paralysis under discussion here though.....the branch that has strayed furthest from its original mandate is probably the executive 1A and judiciary 1B.

[John Galt]

[Saz]