On the recordJune 26, 2025
[T]he decision whether to let private plaintiffs enforce a new statutory right poses delicate questions of public policy.
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Neil Gorsuch
[T]he decision whether to let private plaintiffs enforce a new statutory right poses delicate questions of public policy.
Gorsuch discusses the complexities of allowing private enforcement of new rights.
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Today, independent agencies do not just exercise executive law-enforcement powers.
When confronted with coercive prosecutorial tactics designed to induce defendants to take plea deals, the Court has often condoned those practices or let them pass in silence.
Apart from pointing to habitual drunkard laws, the government has not even attempted to prove that any other specific historical principle might justify its prosecution in this case.
As I see it, Mr. Chatrie's Location History data qualifies as his personal property.