OK, I have to go get ready for SCOTUS. Manage the fires without me for a bit, all.
-
-
And, I think that affected the justices as the argument wore on. While it’s clear that they’re not sure of how to resolve the case, his unwillingness to budge at all seemed to pull justices away from him, especially the Chief (and Gorsuch, perhaps), throughout the 80 minutes.
Show this thread -
For those not following the case, the govt’s position — one Dreeben just repeated in different forms over his 40 minutes — was: Cell-site records are a business record, so it’s not a search, so the Fourth Amendment isn’t implicated. Period.
Show this thread -
On the other side, the questions started off by asking about why cell-site records were more sensitive than other potentially sensitive records (bank records, phone numbers called) that the court has allowed to be collected without a warrant under the third-party doctrine.
Show this thread -
The questions veered basically into a debate about what the rule would be — the "what would the opinion look like" question that Breyer loves.
Show this thread -
Then, Dreeben got up, and just didn't engage in the debate that the justices were there to have. It was unfortunate, because this is a really big issue — and one that the justices seemed to be taking seriously.
Show this thread -
Anyway, I'll have more later! But, there's a first look.
Show this thread -
FYI: For
#lawdork folks, here's the Carpenter transcript: https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/16-402_d1o2.pdf …Show this thread
End of conversation
New conversation -
-
-
I’d counter, he’s there to win not debate. It’s an adversarial system after all
-
Of course he’s there to win. You win at the Supreme Court by engaging with the justices on th contours of the argument. It’s not a trial; as Breyer lovers to say, “I have to write an opinion here. What should it say?”
-
(Tweeting while grabbing coffee. Ignore the typos!)
End of conversation
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.