Brett Kavanaugh’s Fourth Amendment Blind Spot: New at Reason

This week Rand Paul, the libertarian-leaning Republican senator from Kentucky, said he was “worried” and “disappointed” by Supreme Court nominee Brett Kavanaugh’s views on the Fourth Amendment. It is not hard to see why, Jacob Sullum says.

Kavanaugh, who has served on the U.S. Court of Appeals for the D.C. Circuit since 2006, is skeptical of politicians who want to restrict gun rights, regulators who limit freedom of speech or assert powers with a weak statutory basis, and prosecutors who try to convict defendants without proving all the elements of their alleged crimes. But as Sullum notes, Kavanaugh seems less inclined to scrutinize the claims of cops and spies who collect evidence without a warrant.

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