Don’t Trust Congress to Protect the 4th Amendment

While there are indications that there are some positive provisions in the latest incarnation of the USA Freedom Act, it certainly wouldn’t end unconstitutional spying. There are also some troubling issues that make the proposed fixes potentially dangerous. Some analysts think the new version may have a massive loophole – something that even give supporters of the bill pause.

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Can the House Sue the President (More Seriously this Time)?

I can accept, as an original matter, the general proposition that the “Case or Controversy” language means at minimum that everyone can’t sue everyone for everything. How modern standing law derives its particular intricacies from this basic proposition is a mystery to me. But that doesn’t matter in this case, which seems fundamentally about an abstract injury common to everyone.

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