Neil Gorsuch: “I do not see it as a real threat today, Senator.”

They targeted different kinds of people, did so for different purposes, and operated in different ways.

The Court should ditch those precedents, which he says are indefensible in theory and unworkable in practice.

Everything is an emergency. We've moved so much up to the federal level that needs to be done by states. And now through delegations of authority, through emergency legislation of all stripes, we've moved it over to the executive branch…

That Fourth Amendment test, which the Court invented in 1967, has no basis in the Constitution's text or history.