The ACLU has released a trove of Justice Department records showing—in the ACLU's words—a "huge increase in warrantless electronic surveillance" from 2009 to 2011. The documents show an explosion in the use of "pen register" and "trap and trace" surveillance. Those forms of spying record information such as who is calling (or emailing) whom and for how long, but not the content of the conversation. A few years ago these revelations would have been milked for days of banner headlines. Now they are being met with the equivalent of crickets chirping. The New York Times—which won a Pulitzer for breaking the warrantless-wiretapping story during the Bush years—has not seen fit to mention the ACLU's findings. A. Barton Hinkle wonders if the election season has anything to do with that.
Amy Coney Barrett Condemns Purdue University's 'Fundamentally Unfair' Adjudication of Sexual Assault Claims
The opinion, which suggests a strong concern about due process, will nevertheless be cited as evidence of the SCOTUS nominee's "uniformly conservative" record.
Amy Coney Barrett Demolishes the Qualified Immunity Claim of a Detective Accused of Framing a Man for Murder
The case is an encouraging sign that the SCOTUS contender is not the sort of judge who bends over backward to shield cops from liability for outrageous misconduct.
Amy Coney Barrett Thinks the Second Amendment Prohibits Blanket Bans on Gun Possession by People With Felony Records
The SCOTUS contender's 2019 dissent will alarm gun control supporters but reassure people who want judges to take this constitutional provision as seriously as others.
DC Circuit Rules House of Representatives has Standing to Challenge Trump's Diversion of Funds to Build his Border Wall
The opinion was written by prominent conservative Judge David Sentelle.