Kavanaugh is not another Gorsuch—not even close. Disappointing pick, particularly with respect to his #4thAmendment record. Future decisions on the constitutionality of government surveillance of Americans will be huge. We can’t afford a rubber stamp for the executive branch.
In 2015, Kavanaugh declared “the Government’s metadata collection program is entirely consistent with the Fourth Amendment.”
He cited Smith v. Maryland, a case whose facts bear almost no resemblance to the metadata program.
Gorsuch recently ripped SvM in a #4thAmendment case.
He cited Smith v. Maryland, a case whose facts bear almost no resemblance to the metadata program.
Gorsuch recently ripped SvM in a #4thAmendment case.
Kavanaugh: “Government’s program for bulk collection of telephony metadata serves a critically important special need—preventing terrorist attacks on the United States. In my view, that critical national security need outweighs the impact on privacy occasioned by this program.”
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