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Smith v. Maryland is about as outdated as any Supreme Court [sic] can be.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.

Tweet about this on TwitterShare on Reddit0Share on Facebook0Google+0Email to someone

12 Responses to Radical Idea: the Legislature Ends Smith v. Maryland

Emptywheel Twitterverse
bmaz Wow, Jerry Brown's letter to Rick Scott is throwing serious shade. https://t.co/WFjA2ehLva
8mreplyretweetfavorite
bmaz RT @carolrosenberg: BREAKING Navy reinstates nurse who refused to force-feed at Guantánamo. @MiamiHerald https://t.co/6PS3DYSg1L @cori_crid
11mreplyretweetfavorite
bmaz @aliarau @RebekahLSanders @violentfemmes The concert is a better use of your time than the mental midgets at #azleg
15mreplyretweetfavorite
bmaz RT @amilst44: From day one I thought "evident partiality" the best issue, not procedural missteps. NFLPA did not agree to sham arbitrations.
47mreplyretweetfavorite
bmaz @RMFifthCircuit Who knows what sticks in the crania of appellate judges? There is always hope!
54mreplyretweetfavorite
bmaz RT @amilst44: Hopefully 2d cir. en banc will take note of NFL classless move to oppose extension for new counsel. https://t.co/DaKRLNgWH7
59mreplyretweetfavorite
bmaz This from CRS is an excellent look at what Garland on SCOTUS would likely change from Scalia https://t.co/hjz0INqHcU
1hreplyretweetfavorite
bmaz @BlanksSlate Yeah. Parts of it old stuff you can skim, but some worthwhile background in there. It's long, but worthwhile.
1hreplyretweetfavorite
bmaz @DanCBarr Including McCain himself I bet.
1hreplyretweetfavorite
bmaz @ScottGreenfield Also, you KNOW Preet is beaming with pride.
1hreplyretweetfavorite
bmaz @ScottGreenfield Ugh, do I have to pick a side on this one? No Hastert old age benefit of doubt I guess.
1hreplyretweetfavorite