Hopefully, it won’t take a lot of convincing for folks to understand just how wrong-headed this is. For starters, if the plaintiffs are correct, they are currently being subjected to unconstitutional government surveillance for which they are entitled to a remedy. The fact that this surveillance has a limited shelf-life (and/or that Congress was complicit in it) doesn’t in any way ameliorate the constitutional violation — which is exactly why the Supreme Court has, for generations, recognized an exception to mootness doctrine for constitutional violations that, owing to their short duration, are “capable of repetition, yet evading review.” Indeed, in this very same opinion, the Second Circuit first held that the ACLU’s challenge isn’t moot, only to then invokes mootness-like principles to justify not resolving the constitutional claim. It can’t be both; either the constitutional challenge is moot, or it isn’t.
But more generally, the notion that constitutional adjudication of a claim with a short shelf-life is “fruitless” utterly misses the significance of the establishment of forward-looking judicial precedent, especially in a day and age in which courts are allowed to (and routinely do) avoid resolving the merits of constitutional claims in cases in which the relevant precedent is not “clearly established.” Maybe, if this were the kind of constitutional question that was unlikely to recur, there’d be more to the Second Circuit’s avoidance of the issue in this case. But whether and to what extent the Fourth Amendment applies to information we voluntarily provide to third parties is hardly that kind of question, and the Second Circuit’s unconvincing refusal to answer that question in a context in which it is quite squarely presented is nothing short of feckless.
Gary Edwards on 15 Jan 13Excellent discussion of the 2nd Amendment and the gun control arguments of the socialists. The article centers on the well trod socialist argument, "What would Jesus do?". The author, Ben Howe, demolishes this argument and then moves on to the core issue of why the 2nd Amendment is important. Includes a must see youtube capture of the idiot Piers Morgan interview with Ben Shapiro of Breitbart Magazine. Awesome job Ben!! Great closing quote: "Without the 2nd Amendment, the Constitution is just a wishlist". excerpt: "As the gun control debate rages in America following the abominable events in Newtown, eventually, perhaps inevitably, the media will ask itself, "What would Jesus do?" They've done it for years as it relates to wealth redistribution and Obamacare. Obama gave an entire speech about taxes in which he used Jesus for his justification. I'd wager that the tactic is designed to hit God fearing southerners where, in keeping with the caricature that the media has created of them, they are most likely to submit without question and accept the answer given to them by their betters. Of course this vastly underestimates the target, but putting that aside, is there any truth to the idea that Jesus would deplore a concealed carry license or a mom defending her children from an intruder? After all, Jesus has some pretty radically pacifist quotes that need only be lifted from the Bible without context to sound convincing. Such has been the case on Twitter where I've already more than once been the victim of "well meaning" gun control advocates who simply want me to be as "peaceful as Jesus." Virtually without fail, they point to Matthew 5:39: But I say to you, do not resist an evil person; but whoever slaps you on your right cheek, turn the other to him also. If anyone wants to sue you and take your shirt, let him have your coat also. Whoever forces you to go one mile, go with him two. Give to him who asks of you, and do not turn away fr
