Justice Clint Bolick dissents in Arizona v. Mixton.
Since joining the Arizona Supreme Court in 2016, libertarian litigator-turned-jurist Clint Bolick has made a name for himself as a judicial defender of constitutional rights. Justice Bolick did so again this week in a case that pitted the U.S. Supreme Court’s flawed Fourth Amendment jurisprudence against the more expansive privacy protections guaranteed by the text of the Arizona Constitution.
The case is Arizona v. Mixton. At issue was whether the police must get a warrant before obtaining a suspect’s I.P. address and internet service provider (ISP) subscriber information. With that info in hand, the police are able to determine which websites a suspect has visited. Taking its cue from the U.S. Supreme Court—which said in Smith v. Maryland (1979) that “a person has no legitimate expectation of privacy in information he voluntarily turns over to third parties”—a majority of the Arizona Supreme Court ruled in favor of warrantless I.P. address and ISP data searches.
Writing in dissent, Justice Bolick faulted his colleagues for shortchanging the text and history of their own state constitution…….
The $739 billion Inflation Reduction Act of 2022 being pushed through the U.S. Senate to be passed by reconciliation (50 votes plus the Vice President) before the upcoming August recess is a threat to America’s economy and the well-being of all Americans. The article above makes clear that Senator Kyrsten Sinema is the one Democrat vote that America is looking at. She alone can stop this legislation. Please contact her at her office locations in Washington, D.C. and in Arizona by phone and letter. Click the red TAKE ACTION link below for Senator Sinema’s contact information.
Although Senator Mark Kelly is a do-as -Chuck Schumer- tells-you-to-do partisan shill, contacting him may be helpful given his significant vulnerability in the November general election. His contact information is also found at the TAKE ACTION link below. We suggest that copying him on your letter to Senator Sinema may possibly have some impact on his voting behavior. Calling his office is also important – the staffs do score the relative positions of constituents and this too may influence the voting behavior.