I don't see this as a court that is just like, 'We're just going to rubber stamp what the current administration does.' You know, quite the opposite.
Elena Kagan: “I don't see this as a court that is just like, 'We're just going to rubber stamp what the current administration does.'…”
Editor's note · Context
Remarks at the Ninth Circuit Judicial Conference
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I will say that that’s an extremely difficult question for a pretty obvious reason, I think, which is that I don’t think that you would want an enforcement system that was controlled by the executive branch or by the legislature.
I think that we should hold ourselves, sort of on both sides, to a standard of explaining why we're doing what we're doing.
An individual has a reasonable expectation of privacy in records about his cell phone’s location, and police intrude on that constitutionally protected interest when they demand the information — even though for only a limited time, and…
I don’t think that you would want an enforcement system that was controlled by the executive branch or by the legislature.