A Bad Supreme Court Term for Originalism?

With the 2017 Supreme Court term underway, it’s time to consider its originalism implications. One might think that originalists would be optimistic with Justice Gorsuch — apparently a strong textualist originalist — joining the Court.  But I suspect that, at least on the headline cases, it will be a bad term for originalism, based on the leading case the Court will consider.

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Now in Effect: Two Montana Laws Take on Warrantless Electronic Data Collection

HELENA, Mont. (Oct 5, 2017) – On Sunday, two Montana laws went into effect that work together to ban warrantless collection of cell phone data in most situations. These laws not only increase privacy protections in the state, they also hinder one practical impact of federal surveillance programs.

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