Justice Alito once dissented from an opinion holding that officers were not authorized to strip search a ten-year-old girl who was not named in the search warrant.
The officers claimed that they were authorized to search the child because they had asked for permission to search "all occupants." But the judge only authorized them to search the male resident in the warrant he signed.
Alito, then a judge on the Third Circuit, would have held that although the warrant did not name either female occupant, it was intended to, and there was probable cause to strip search them.
So if Justice Alito is concerned about the way that some politicians are perhaps overly deferential to scientists and experts, even at the cost of liberty, he may want to examine a jurisprudence that has often been even more deferential to law enforcement.
And you know, there are probably some other examples:
A Michigan judge has denied the Trump campaign's motion to cease certification of the vote in Detroit, noting that if the election challengers had attended orientation, they would know that what they were witnessing was routine.
A claim that workers were instructed not to ask for ID was made less credible because the affiant failed to, y'know, say when or where it happened, or how many times.
Gavin McInnes is currently suing the Southern Poverty Law Center for describing the Proud Boys as a "hate group," claiming that they're mostly known for handing out Christmas presents.
There have been no filings in this case for almost a full year, despite some excellent lawyering from the SPLC. The case was reassigned to a new judge on that date, pictured below:
Voter fraud conspiracy enthusiasts are engaging in what you might call a Gish Gallop, throwing tons of arguments against the wall to see what sticks, to make it exhausting an distracting to debunk.
Gish gallops are difficult to handle, because it is actually very easy to make something up, and very difficult to bear down, investigate, and show why the lie is not true.
For instance, I could say, right now, that Ivanka Trump voted illegally in Pennsylvania.
That took me no effort at all to say. Now, to prove me wrong, you go through voter registration and you say "AHA, she's not registered."
And then I say, "She didn't use her real name."
Now, even more work to debunk. You've got to track her travel, or show fraud impossible.
Are they reassuring foreign adversaries that they won't be meaningfully punished for assisting them in the election and then lying to the public and the FBI about it?
Pennsylvania GOP are alleging that officials checked to make sure that ballots were properly filled out and gave people an opportunity to fix those ballots. The cure?
Some pretty last minute work to file this on November 3 when they apparently knew about this on October 31, assuming it happened.
The evidence that the ballots were improperly "pre-canvassed" (checked for defects) appears to be that ballots were on a table where anyone could get to them.