>This is a problem, because where judicial interpretation 'discerned' one in the Waren Court, a more conservative Supreme Court might at some point decide other

>This is a problem, because where judicial interpretation 'discerned' one in the Waren Court, a more conservative Supreme Court might at some point decide otherwise. That is pretty much the point I was going for, it isn't explicit so all it would take is a different legal interpretation for it to go away. With the FISA court and all the NSA stuff it seems to already have gone.