'I Have Been to the Darkest Corners of Government, and What They Fear Is Light'

[merrily]

165. P.S. I really don't want the SCOTUS to get its hands on this.

Scalia has mumbled (out of court) about the 4th amendment not being absolute and weighing invasions of privacy against the magnitude of the threat. He's also said that Courts are not capable of assessing the magnitude of the danger. That is bs. The Justices are brilliant. Partisan--all of them-- but not stupid at all. (Well, maybe Thomas. Who knows? He won't speak in court and he decides almost every case the same way Scalia does.) The SCOTUS collectively can assess the magnitude of the threat as well as anyone else.

But, the magnitude of the threat is not the be all and end all. I don't think we have a 4th amendment any longer. If law enforcement thinks you even may be a terrorist--and the definitions were expanded--kiss the 4th amendment goodbye. (And a few other amendments as well.)

And that should not have been done without asking the people to vote on an amendments to the Constitution that say, in effect, it's okay to ignore the Bill of Rights whenever you think I may be a terrorist--and you can define terrorist almost any way you wish.

Anyway, I get the feeling, if he had to, he would decide in favor of the govt, rather than risk being responsible. But, he'd rather not do that, either, so he thinks/says the Court should not have to decide.