Tuesday, September 17, 2013

FISA Court's Mechanical Fourth Amendment Jurisprudence


For a stellar (and shocking) example of mechanical Fourth Amendment jurisprudence, see this recently declassified FISA court memorandum opinion.
Apart from the opinion's singularly uninspired black-letter interpretation of the Fourth Amendment (and heavy reliance on 1970s Supreme Court precedents), the opinion is striking for the paucity of discussion - less than five double-spaced pages - devoted to the question of the constitutionality of a massive program of NSA surveillance of telephony metadata.
God help us all!
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