On Friday, during the final day of hearings before the Senate Judiciary Committee, Sen. Patrick Leahy (D-Vt.) had an interesting exchange over recent privacy cases with the Supreme Court judicial nominee, Judge Brett Kavanaugh.
Leahy began by asking the appellate court judge about what Kavanaugh wrote in November 2015 in a case known as Klayman v. Obama. The complaint argued that the National Security Agency’s telephone metadata program, which gathered records of all incoming and outgoing calls for years on end, was unconstitutional.
“In my view, the Government’s metadata collection program is entirely consistent with the Fourth Amendment,” Kavanaugh wrote.
Kavanaugh went further, saying that even if the Section 215 metadata program was a search, it should be considered “reasonable” in the name of national security.