Saddled With Antonin "Fat Tony" Scalia

Supreme Court Justice Antonin Scalia got an incredibly astute question from a law student Friday night that could have huge implications for the NSA's domestic surveillance programs.

The question came during a spirited Q&A curated by Brooklyn Law School's Judge Andrew Napolitano, who asked Scalia about the controversial subject of the NSA's surveillance of Americans.

Scalia made it clear the issue would likely come before the high court, and he hinted he would rule that "conversations" (i.e., the conversations the government might listen to) aren't protected by the Fourth Amendment. The Fourth Amendment, Scalia pointed out, prohibits the government from searching your "persons, houses, papers, and effects" without a warrant — not "conversations."

However, one student asked the justice whether data in a computer might be considered "effects" under the Fourth Amendment, an interpretation that would prohibit the NSA's capture of communications over the Internet.

Scalia, who's remarkably avuncular in person, was visibly pleased by the question but said he "better not answer that."

  Business Insider

While suggesting that the high court will take up NSA surveillance, Scalia expressed his opinion that judges should not be deciding matters of national security. "The Supreme Court doesn't know diddly about the nature and extent of the threat," Scalia said. Later on, he added, "It's truly stupid that my court is going to be the last word on it."

  Business Insider

I’m going to have to agree….it’s truly stupid that Scalia’s court would be the last word on anything.