I was shocked to see the decision was unanimous, happy, but shocked.
"Riley offers a case study in judicial engagement. Judicial engagement isn’t a new theory of judging, and it isn’t a complicated one. It holds that, in every constitutional case, judges should honestly seek to determine whether the government is pursuing constitutionally permissible ends through constitutionally permissible means, basing their decision on real facts and real evidence. Judges shouldn’t presume that the government is acting constitutionally and they should be vigilant in ensuring that the government doesn’t pursue even legitimate ends through means that aren’t reasonably related to those ends or that violate individual rights."
Folks, that is the essence of the Framers' "necessary and proper" clause.
IOW, real judges would assume laws to be unconstitutional and demand the government prove otherwise.
It is the only acceptable approach in a free government.
For some reason, “Get a Warrant!” has the same impact as “Get a Room!”.
Yes, that would be GREAT if Obama gave a damn about the Constitution and obeying the law.
He doesn’t.