Thankfully the Justices are aware that this is an issue. The beginnings of the oral argument in US v. Jones are relevant. The Chief Justice in particular is qui

Thankfully the Justices are aware that this is an issue. The beginnings of the oral argument in US v. Jones are relevant. The Chief Justice in particular is quite conscious about the issue you describe. http://www.supremecourt.gov/oral_arguments/argument_transcripts/10-1259.pdf http://www.supremecourt.gov/oral_arguments/argument_transcri...