The topic of the NSA's
controversial surveillance of telephone metadata came up during a
laughter-filled Q&A between Scalia and Judge Andrew Napolitano, a faculty member at Brooklyn Law School and a close personal friend of the justice he accidentally called "Nino."
While suggesting that the high
court will take up NSA surveillance, Scalia expressed his opinion that
judges should not be deciding matters of national security.
"The Supreme Court doesn't know
diddly about the nature and extent of the threat," Scalia said. Later
on, he added, "It's truly stupid that my court is going to be the last
word on it."
Still, he hinted he would rule
that NSA surveillance does not violate the Constitution if and when the
issue comes before the Supreme Court. Although one judge has ruled the
spying violates the Fourth Amendment, Scalia may disagree based on his strict interpretation of the Constitution.
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