More than just a legal opinion, Sotomayor penned a legal manifesto on privacy for a digital age debated among Fourth Amendment scholars and brandished by civil libertarians seeking to prevent the coming of a digital government panopticon.
If a constitutional challenge to NSA domestic spying ends up reaching America’s highest court, Sotomayor’s argument for the Fourth Amendment in the digital age is America’s best hope to reclaim America’s right to privacy.
Petitioners, you had the hardest of arguments. And very little caselaw in your favor (laughs). I said at my lunch to the Dean, and the two lovely professors I was with, that my concurrence in Jones — remember, I was only one of nine. So it’s not really law that can help you. But you did a wonderful job with a tough legal position.
It was very hard for us to pick the winners. Harder legal issue; more precedent; and each of you skilled, there was only a slight edge in the winner. And if the edge was in anything, it was in the consistency of theory that the respondents had in their presentation. And that may have been a flaw inherent in the side [the petitioners] picked. I’m very very proud of the fact that you took the harder side. That showed a lot of courage, and a lot of gumption.