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This is one of those times I really wish we had a functioning legislative branch. They could write and pass a law describing companies' obligations and law enf
by username223 11y ago
This is one of those times I really wish we had a functioning legislative branch. They could write and pass a law describing companies' obligations and law enforcement's powers when dealing with strong encryption on smartphones. Then people who disagreed could take it to the courts, and a Supreme Court with an odd number of justices could decide whether said law was constitutional.
Unfortunately we do not live in that world, so we get to creatively interpret centuries-old laws written by people who could not have imagined encrypted smartphones. And that interpretation may end up at an evenly-divided Supreme Court.
- bmelton 11y agoIn the event of a tie, the the lower court is the tie-breaker. Having an even number of justices doesn't break the court, and even if it did, it'd be another long while before this case could be appealed that high anyway. Even if we're to believe the rhetoric that the Senate isn't going to appoint any candidate, nobody's even been nominated yet, so the idea that the whole system is broken may be true, but not for the reasons speculated.
- AnimalMuppet 11y agoAn even number of justices does not necessarily mean a deadlocked Supreme Court. Most cases are not decided 5-4 (though it may be true that the most controversial cases are more likely to be decided that way).
- username223 11y agoI agree, especially in this case. Since it isn't a straightforward Democrats vs. Republicans issue, Kennedy or Roberts might go either way. Still, with our useless Congress, there won't be any new law, and even if there were, it could be struck down by a Circuit Court decision "approved" by a deadlocked Supreme Court. Ugh.