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Bench Memos

NRO’s home for judicial news and analysis.

Alito To Be Quizzed on NSA Wiretaps



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The Pittsburgh Post-Gazette reports that Senators Specter and Leahy both intend to ask Alito about the constitutionality of the National Security Agency’s monitoring of communications between people in the United States and those overseas without a court order. (Link via How Appealing http://legalaffairs.org/howappealing/) In my view Alito should (and almost certainly will) refrain from answering sucha question in any detail. But if he wants a crib sheet, this analysis by Orin Kerr is well-reasoned and fairly comprehensive.



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