The good-faith exception has washed out cases involving pre-Carpenter searches, but a few courts have extended the ruling’s logic to new types of data.
Latest in U.S. Supreme Court
The oral argument suggests at least three possible outcomes.
During the fourth day of hearings on Judge Brett Kavanaugh's nomination to the Supreme Court, two experts testified on matters that may be of interest to Lawfare readers. Rebecca Ingber, associate professor at Boston University School of Law and contributing editor for Lawfare, testified about Judge Kavanaugh's approaches to executive deference on national security matters and to international law.
This week, we explore the iconic 1952 decision of the Supreme Court in Youngstown Sheet & Tube Co. v. Sawyer, better known as the “Steel Seizure Case.” It’s an all-time classic regarding the separation of powers in general and war-related powers in particular (not to mention constitutional interpretive method, theories of emergency power, and more). In this deep dive, we:
Three different batches of documents relating to the Supreme Court nominee’s time in the Bush White House caused conflict on the first day of confirmation proceedings.
A bibliography of the Supreme Court nominee’s published writings and public comments on foreign relations, national security and related issues.
The Supreme Court’s Fourth Amendment ruling closed the door on such surveillance of Americans and has implications for reauthorization of the USA Freedom Act next year.
Understanding the Supreme Court nominee's minimalist view of the courts’ role in foreign affairs and security.
How might a Justice Kavanaugh approach search and seizure cases ?
An assessment of Judge Kavanaugh’s record on military commissions should include a fair decision for a Guantanamo detainee.