Author: Freedom Watch

Electronic Privacy Information Center September 7, 2018 During day three of the Senate Judiciary Committee’s nominations hearings, Senator Patrick Leahy asked Judge Kavanaugh about privacy and government surveillance. (6:20) Senator Leahy stated “In your concurrence in Klayman v. Obama you went out of your way to say that not only is the dragnet collection of American’s telephone records by the NSA okay because it’s ‘not a search,’ you also said that ‘even if it is a search, it is justified in order to prevent terrorism.'” Senator Leahy pointed out that the Privacy and Civil Liberties Oversight Board found that…

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Washington Examiner September 7, 2018 New technology offers new modes of government surveillance. Today, the collection of telephone metadata, thermal imaging, and GPS tracking, among others, are all real threats to the privacy of American citizens. Given that the applications of these capabilities as a governmental tool for monitoring citizens have already come before the Supreme Court, Judge Brett Kavanaugh, if confirmed, will likely make similar decisions. Americans who value their privacy and civil liberties should study his paper trail on Fourth Amendment cases. What they will find is a troubling record that points to a judge who is…

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Lawfare September 7, 2018 A bibliography of the Supreme Court nominee’s published writings and public comments on foreign relations, national security and related issues. We’ve sorted the significant ones by topic below and attempted to present them in rough order of importance. Throughout, we have provided annotations that summarize each piece’s contents and help to explain why they are notable. This list builds upon other Lawfare coverage of Kavanaugh’s views on these issues, including commentary by Robert Loeb and Peter Margulies as well as a recent discussion on the Lawfare Podcast. That said, it does not include the judge’s…

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By Elias Atienza Daily Caller September 7, 2018 Many conservatives are celebrating President Donald Trump’s Supreme Court pick, Judge Brett Kavanaugh, but several civil libertarians have raised concerns with Kavanaugh’s record on the Fourth Amendment. The most prominent critic is Republican Rep. Justin Amash of Michigan, who called Kavanaugh a “disappointing pick” and panned Kavanaugh’s decision regarding the NSA metadata collection program. Continue Reading…..

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By Post Opinions Staff Washington Post September 7, 2018 Ahead of Judge Brett M. Kavanaugh’s Supreme Court confirmation hearings next week, The Post asked legal scholars to identify an opinion that best illustrates his judicial philosophy. Here’s what they had to say: Abortion rights and executive power Before his nomination to the Supreme Court, Kavanaugh’s most prominent moment during the Trump presidency was his role in Garza v. Hargan, a case involving an undocumented teenager who was blocked by the federal government from receiving an abortion. The case brings together two of the elements in Kavanaugh’s jurisprudence that have…

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By Matthew Feeney Cato Institute September 7, 2018 At least one of Supreme Court nominee Brett Kavanaugh’s concurrences reveals arguments that should concern those who value civil liberties. Members of the Senate Committee on the Judiciary should press Kavanaugh on these arguments at his upcoming confirmation hearing. In 2015, Kavanaugh wrote a solo concurrence in the denial of rehearing en banc in Klayman v. Obama (full opinion below), in which the plaintiffs challenged the constitutionality of the National Security Agency’s (NSA) bulk telephony metadata program. According to Kavanaugh, this program was “entirely consistent” with the Fourth Amendment, which protects…

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