OT2017 #7: Keys to a Valet

Its finally here: Carpenter v. United States. For months, weve been eagerly awaiting the argument in this hugely important case about whether the Fourth Amendment restricts the governments ability to get location information from cellphone service providers. (Ian has been waiting even longer, as he wrote about the legal issue in his student note nearly a decade ago.) To help us think through the issues, were joined by leading expert Orin Kerr, who submitted a fascinating amicus brief arguing that the government should win.

But thats not all! We also discuss Justice Elena Kagans surprisingly late recusal in Jennings v. Rodriguez; catch you up on the Supreme Courts latest certiorari grants, all three of which raise interesting First Amendment issues; provide some backstory on a particularly colorful litigant in one of those cases who is taking his second trip to the Supreme Court; praise the courts newly implemented electronic filing system; preview the January Calendar; and give you the latest Supreme Court-related developments in the litigation challenging the presidents newest entry ban. Its an action-packed episode that kicks off the action-packed December sitting.