Radical Idea: the Legislature Ends Smith v. Maryland

The Senate Judiciary Committee hearing with the NSA Review Group just finished. There was no earth-shattering news. Perhaps the best one-liner from the hearing came when former CIA Deputy Director Mike Morell said that metadata is content (and I’m grateful he said it early in the hearing so it will make the evening news). Bizarrely, he claimed he just learned that while working on this report which is rather … unconvincing.

At the very end of the hearing, however, Senator Richard Blumenthal said something equally as important, which went something like,

Smith v. Maryland is about as outdated as any Supreme Court [sic] can be. Congress has an equal responsibility to protect the Constitution as the Supreme Court. There is no need to wait for the Supreme Court.

It’s a great idea, for the legislature to end Smith v. Maryland’s encroachment on the Constitution, and he’s right, Congress does have the authority to act.

But as far as I know, Blumenthal has yet to introduce a bill doing that.

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Emptywheel Twitterverse
bmaz The night the NCAA became indistinguishable from, if it wasn't already, craven self serving malignancy of NFL. Congrats NCAA you've arrived!
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bmaz RT @John_de_Vashon: As always the core @NCAA narative must prevail. #TheFixIsIn #NCAA MT @bmaz: Bullshit play by KY and crapass call by the…
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bmaz I HATE Notre Dame, and, yet, they got completely ripped off by the refereeing. What a #joke
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bmaz @Gaius_Publius @MasaccioEW @ChrisInParis ND got fucking ripped off on contact. What a crock of shit. You KNOW I do not say that lightly.
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bmaz What a crock of dung. If the roles had been reversed had been reversed, ND would have never gotten the cheesy calls KY did. #FOUL
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bmaz Bullshit play by KY and crapass call by the refs
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emptywheel @jhamby Also think Amber Alert site went down sometime today after alert per @RayneToday @eric_analytics @chockenberry @SwiftOnSecurity
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bmaz Just saying, some men I know may have more than the luck of the Irish. Craft beers for all!
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emptywheel @jhamby But it included license plate, was for 15 year old teal F250. Even in MI can't be many of those left @chockenberry @SwiftOnSecurity
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emptywheel @jhamby This MI one this morning was statewide too (or at least lower peninsula), I think, from MSP. @chockenberry @SwiftOnSecurity
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bmaz @Gaius_Publius @MasaccioEW @ChrisInParis Wisconsin is also a classy and easy team to root for.
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bmaz @Gaius_Publius @MasaccioEW @ChrisInParis Hey AZ was more than capable of winning that game. The did NOT. Hat's off to Badgers; they're good.
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