Thursday round-up

EDITH ROBERTS AUG 17, 2017 7:39 AM

In The Washington Times, Alex Swoyer reports that in an amicus brief filed this week in Carpenter v. United States, “[s]ome of the world’s biggest tech companies pleaded with the Supreme Court … to update decades-old precedent governing telephones, saying that cell-tracking technology threatens Americans’ most fundamental privacy rights.” Additional coverage comes from Andrew Chung at Reuters, who notes that “[t]he case comes amid growing scrutiny of the surveillance practices of U.S. law enforcement and intelligence agencies and concern among lawmakers across the political spectrum about civil liberties and police evading warrant requirements,” Steven Musil at CNET, and A.J. Dellinger at the International Business Times. At Reason’s Hit & Run blog, Damon Root argues that “’Get a warrant’ is the perfect message for the Supreme Court to tell the government in this case.”

Briefly:

• In a book review at Jotwell, Steve Vladeck argues that the Supreme Court’s recent decision in Ziglar v. Abassi, “a decision deeply hostile to judge-made damages remedies for constitutional violations by federal officers,” “is shamelessly indifferent and stunningly oblivious to the rich history and tradition of such remedies that has been well- and long-documented in the academic literature.”
• At Balkinization, Marty Lederman unpacks the federalism questions at the heart of Christie v. National Collegiate Athletic Association, in which the Supreme Court will decide whether a federal statute that prohibits New Jersey from repealing its ban on commercial sports betting is unconstitutional.

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