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Re:Hidden Microphones Part of Government Surveillance Progra... by pessimizer on Saturday May 14, 2016 @07:51PM (#11698603)
This is a possibility, but if they don't cave, Clinton is not putting in Merrick Garland. And I don't know that Merrick Garland has any sympathy for Scalia's argument.

This is a case where the more liberal justices tended towards an anti-fourth argument as long as the surveillance was done in a public place, and neither Obama nor Clinton have shown themselves to have a problem with universal surveillance that I'm aware of, in any case, ever.

Re:Hidden Microphones Part of Government Surveillance Progra... by lawpoop on Saturday May 14, 2016 @08:27PM (#11698712)
There's no reason they won't cave. McConnell even put forth Garland as a nominee they'd like to see from Obama, even though "he'd never nominate him".

I was going to say this is the devil they know, but in this case, it's actually the devil they've wanted.

Re:Hidden Microphones Part of Government Surveillance Progra... by LyndsySimon on Saturday May 14, 2016 @10:48PM (#11699143)
> There's no reason they won't cave.

Before the election, sure there is. The optimal course would be to wait until the elections happen (or at least until polling shows a clear advantage one way or another), then either approve Garland or refuse until Trump is inaugurated.