Score Two for the Constitution

The SCOTUS just handed down two decisions that are worth applauding. In both cases, they reaffirmed constitutional principle and solid logic rather than indulging in deference to “desirable outcomes” for those in power, be they presidents or law enforcement.

In the first, a case about searching cell phones was decided in favor of privacy and the current relevance of the 4th amendment. The court resisted pressure to rule in favor of law enforcement and simply affirmed that the 4th amendment means what it says. A warrant is required to search a citizen’s possessions.

In the second, a unanimous decision ruled that although the president has the power to make recess appointments, it is the congress, not the President who decides when they are in “recess”. Oddly, although the power to make recess appointments was never at issue, reporting on this decision has uniformly mentioned that the recess appointment power was “unaltered” by the court.

Sometimes the court gets it right, and sometimes not. These two are wins for the Constitution, and the Rule of Law.

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