The United States Supreme Court's 1979 opinion in Smith v Maryland is the legal basis for all of NSA's spying. That case involved a warrantless "pen register," a device put on a telephone that simply makes a list or "register" of the numbers called from that phone. A pen register is an abacus to a modern-day computer. Judge Leon discussed the Smith precedent in his ruling today:
"[T]he question before me is not the same question that the Supreme Court confronted in Smith."
Okay, Judge Leon, we'll play Jeopardy with ya, What's the question?
"When do present-day circumstances -- the evolutions in the Government's surveillance capabilities, citizens' phone habits, and the relationship between the NSA and telecom companies -- become so thoroughly unlike those considered by the Supreme Court thirty-four years ago that a precedent like Smith simply does not apply?"
"[T]he answer, unfortunately for the government, is now."
OHH! OOHH! HE JUST GAVE OBAMA A FACIAL! JUDGE LEON JUST GAVE OBAMA A FACIAL! SPEWED HIS LEGAL ESSENCE ALL OVER OBAMA'S FACE!
I ain't no constitutional lawyer, I'm a low-down lawyer but my sense is Judge Leon's ruling will not stand, it is too sweeping, it goes against the opinions of too many other courts so...let me enjoy this as long as it lasts. This ruling, this 68-page opinion is my lullaby tonight. Therefore, with visions of a presidential facial dancing in my head, I say to all yinz, good night.
"[T]he question before me is not the same question that the Supreme Court confronted in Smith."
Okay, Judge Leon, we'll play Jeopardy with ya, What's the question?
"When do present-day circumstances -- the evolutions in the Government's surveillance capabilities, citizens' phone habits, and the relationship between the NSA and telecom companies -- become so thoroughly unlike those considered by the Supreme Court thirty-four years ago that a precedent like Smith simply does not apply?"
"[T]he answer, unfortunately for the government, is now."
OHH! OOHH! HE JUST GAVE OBAMA A FACIAL! JUDGE LEON JUST GAVE OBAMA A FACIAL! SPEWED HIS LEGAL ESSENCE ALL OVER OBAMA'S FACE!
I ain't no constitutional lawyer, I'm a low-down lawyer but my sense is Judge Leon's ruling will not stand, it is too sweeping, it goes against the opinions of too many other courts so...let me enjoy this as long as it lasts. This ruling, this 68-page opinion is my lullaby tonight. Therefore, with visions of a presidential facial dancing in my head, I say to all yinz, good night.
