One interesting moment in yesterday’s Supreme Court hearing for Jones was when Chief Justice John Roberts asked the Department of Justice’s Michael R. Dreeben a fairly simple question:

CHIEF JUSTICE ROBERTS: You think there would also not be a search if you put a GPS device on all of our cars, monitored our movements for a month? You think you’re entitled to do that under your theory?

MR. DREEBEN: The justices of this Court?



MR. DREEBEN: Under our theory and under this Court’s cases, the justices of this Court when driving on public roadways have no greater expectation—-

CHIEF JUSTICE ROBERTS: So your answer is yes, you could tomorrow decide that you put a GPS device on every one of our cars, follow us for a month; no problem under the Constitution?

Dreeben tried to advance his argument by saying that legally, the justices could all be tailed by an officer of the law. The case will be decided next year.

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