Justice Samuel Alito, in a surprising alignment with three of the court’s liberals, objects to Scalia’s entire approach to the case as “unwise,” accusing him of relying on 18th-century trespass law to solve a 21st-century privacy problem. He faults Scalia for relying on centuries-old tort law to resolve an almost inconsequential aspect of the case (police attaching a device to the underside of a car) instead of assessing the matter in terms of the “reasonable expectation of privacy.”
Alito talking about the importance of privacy. Be still my liberal heart. (I hope he doesn’t turn around and break it)
P.S. Dahlia Lithwick is good but not as good as Nina Totenberg.
P.P.S. I know you didn’t ask but Scalia is my second-to-last favorite Supreme Court Justice. My least favorite? Clarence Thomas, obviously.
