GPS Update – A little future oldthink about this week’s arguments

First, I would like to apologize for my lack of dedication. I am not one of the people who camped out on Monday night/Tuesday morning to see the SCOTUS arguments in U.S. v. Jones, so I do not have a firsthand account of what went down. I am currently reading through the transcripts, but I realized that this late in the game, I probably have very little to add to the interweb conversation.

Thus, to supplement my 2 cents with some real cash, I present in no particular order a variety of links to other writers’ extensive commentary and predictions based on what happened at the Court on Tuesday.

Grits for Breakfast (contains even more links)


Volokh Conspiracy

More Volokh Conspiracy


Above the Law


My personal favorite comment was actually the FB status of a former law school colleague William Jones:

Regarding the GPS case, Scalia sarcastically retorted “well if it’s scary, then it must be unconstitutional.” But maybe his statement was more accurate than he chooses to admit. The fourth amendment prohibits searches and seizures that are “unreasonable”. So a sufficiently scary warrantless search- guess what- might be unreasonable and thus violate the text of the fourth amendment.

Well said, Mr. Jones.

Given the references to Orwell and 1984 by the Court during argument, I am hopeful that at least five of them see that book as a sufficiently scary and cautionary tale. The Chief acknowledged that even they, the mighty nine, could be subjected to constant police tracking if the government gets its way. It’s not every day that the Court explicitly considers the possibility that even big shot Supreme Court justices could be victims of the terrible shit that police do to normal people all the time, so I am cautiously optimistic about where they will come down on this issue (even though the Nine can clearly all afford one of these if they go the other way.)

Despite my hopefulness, we all might want to start learning our next language and practicing our doublethink.

You know, just in case.


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