Despite the unsurprising result, the case remains particularly noteworthy because it had to be reargued after Justice Alito's confirmation to the court and likely would have gone the other way had Justice O'Connor not retired. At the initial argument, Justice O'Connor expressed serious skepticism about the state of
In an exhaustive, strongly worded dissent joined by Justices Souter, Ginsburg and Stevens, Justice Breyer openly worried that by taking a chunk out of the Fourth Amendment's exclusionary rule, the majority was giving a green light to “invasions on the part of the government … of the sanctity of a man’s home and the privacies of life.”
Whether or not you agree with the Court's decision, one thing you gotta love is that in the majority opinion -- authored and joined, mind you, by several justices whose nominations AFJ opposed -- Justice Scalia cited a publication by AFJ's very own founder and president, Nan Aron. Very rich. We'll be sure to let Justices Scalia, Thomas, Alito and Roberts know that if they ever need other decisional input, AFJ stands ready, willing and able to provide it.