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Liberty News ForumLNF Forums HerePolitical Opinion Page - The Hot Seat › Gorsuch and the Fourth Amendment
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Demos
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Gorsuch and the Fourth Amendment
Mar 17th, 2017 at 3:49pm
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The Fourth Amendment, particularly as it relates to protections of privacy against warrantless searches, etc., is an important issue to me. And its very important for SCOTUS appointees.

SCOTUSBlog has an overview of some of Gorsuch's opinions on 4th Amendment issues...

Quote:
During his nearly 30 years on the Supreme Court, the late Justice Antonin Scalia was perhaps best known for his commitment to originalism – the idea that the Constitution should be interpreted as it would have been understood by the Founders. Scalia’s dedication to originalism extended to the Fourth Amendment, which protects against unreasonable searches and seizures by the government. And it often meant that a justice whom many regarded as “conservative” reached pro-defendant results. For example, Scalia wrote the court’s 2012 decision in United States v. Jones, holding that a “search” took place when police officers attached a GPS device to the car of a suspected drug dealer and then used the device to track the car’s movements. Scalia and four other justices agreed that the installation and use of the device were no different, for constitutional purposes, than if the government had gone onto Jones’s property to collect information to use against him. This kind of “trespassing” would have been a “search” when the Fourth Amendment was first adopted in the 18th century, and so it is still a “search” today.


Judge Neil Gorsuch, the president’s nominee to succeed Scalia on the court, also describes himself as an originalist. And he too has adhered to originalist principles in reaching “pro-defendant” results in several cases, all implicating privacy issues...

Source

Kinda like what I'm reading here.
  
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TowardLiberty
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Re: Gorsuch and the Fourth Amendment
Reply #1 - Mar 17th, 2017 at 3:52pm
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That is reassuring.

The litmus test for me will be his position of civil asset forfeiture.

  

"Practical men, who believe themselves to be quite exempt from any intellectual influences, are usually the slaves of some defunct economist." J M Keynes

"In the first place, the dichotomy between "theoretical" and "practical" is a false one. In economics, all arguments are theoretical. And, since economics discusses the real world, these theoretical arguments are by their nature "practical" ones as well." M Rothbard
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Re: Gorsuch and the Fourth Amendment
Reply #2 - Mar 17th, 2017 at 5:54pm
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Names escapes me right now, but lil bush's nsa head who looks like kernel klink once said that the 4th does not require probable cause

I'm at a lost as to how he came to that, but he said it loud and clear.
  

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