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Smith v. Maryland is about as outdated as any Supreme Court [sic] can be.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
emptywheel Abdo: Min procedures would be meaningless if Smith governed here.
6mreplyretweetfavorite
emptywheel Booyah. Abdo kills ratification "Many members of Congress not aware of program, those who were were not provided legal analysis of program."
8mreplyretweetfavorite
emptywheel Ut oh. No one brought up First Amendment, meaning no mention of Bates eliminating 1A protections last year.
9mreplyretweetfavorite
emptywheel Again, Delery, if the FISC is providing oversight, then your political branches argument fails.
10mreplyretweetfavorite
emptywheel Let's also talk abt how ODNI is still hiding dates on PRTT program bc they would reveal it lied to court in CA,
13mreplyretweetfavorite
emptywheel "What else haven't you let us know" beyond what ODNI declassified? Let's talk abt how they use phone dragnet w/EO12333 dragnet, judge!
14mreplyretweetfavorite
emptywheel Ut oh. Delery doesn't know answer to whether FISC imposed requirements beyond govt.
15mreplyretweetfavorite
emptywheel Delery's trying to have it both ways. says political branches set limit to program, but not relying on minimization procedures set by FISC
16mreplyretweetfavorite
emptywheel What's nutty as shit abt Delery's current arg is the FISC--not a political branch--sets and oversees minimization procedures.
18mreplyretweetfavorite
bmaz @bsdtectr no, but she isn't good.
18mreplyretweetfavorite
emptywheel I'm so old I remember when Justice Roberts said govt protocols (minimization procedures) not adequate to protect 4th.
19mreplyretweetfavorite