Senate Democrats today argued that the Supreme Court could find itself unable to act on key issues involving cellphone data and encryption if the Senate does not consider the nomination of appellate court judge Merrick Garland as the ninth justice.

“We need a Supreme Court operating at full strength so that our police, prosecutors, and law enforcement professionals have clear guidance to keep Americans safe and Americans have a strong shield for their civil rights and liberties,” Senate Democrats said in a news release. “With only eight justices, the Court could deadlock on critical issues relating to law enforcement and individual rights, creating uncertainty and even making it possible that people in different parts of the country have different rights and liberties. If a deadlock occurs, then an important, national issue would remain undecided until the Court was able to rehear that case or until another case raising the same issue came before it.”

Two of the issues that Democrats observed could come before the court involve whether law enforcement officers need a warrant to obtain historical information from cellphones and whether the government can compel companies to decrypt wireless devices. – Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily