OK, I have to go get ready for SCOTUS. Manage the fires without me for a bit, all.
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Off to
#SCOTUS! It’s Carpenter morn: https://www.google.com/amp/www.scotusblog.com/case-files/cases/carpenter-v-united-states-2/amp/ …pic.twitter.com/FmAh3cneqV
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#SCOTUS, Nov. 29, 2017. A relatively calm morning, as the justices prepare to hear what could be a very important case about what the Fourth Amendment’s warrant requirement means in the internet age.pic.twitter.com/SkncA5lYst
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Incredibly interesting arguments from a very engaged court this morning about whether a warrant is required for the gov’t to obtain 100+ days of historical cell-site records for a cell-phone user.
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My first take out of
#SCOTUS — and it’s one that surprises me — is the level to which Michael Dreeben, the federal gov’t’s top criminal appellate lawyer, appeared unwilling to engage with the realities of living in 2017.2 replies 16 retweets 31 likesShow this thread -
Dreeben is one of the best Supreme Court advocates alive today, and he’s an incredible lawyer, but, today, he just was unwilling to engage in a real debate about how the changed ways we live our lives affect privacy or property rights in new ways.
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Replying to @chrisgeidner
I’d counter, he’s there to win not debate. It’s an adversarial system after all
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Replying to @klastastic
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?”
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(Tweeting while grabbing coffee. Ignore the typos!)
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