Judge Alito and the NSA Program
Professor Adler notes that Senator Specter intends to question Judge Alito on the scope of the president’s authority to order the surveillance of al Qaeda operating abroad as they contact their agents in the United States.
I spoke with Senator Cornyn on this subject an hour ago and Senator Cornyn believes that it would be inappropriate for Judge Alito to answer those questions as the matter might come before him. Radioblogger will have that transcript up later. (And it includes my latest attempt to figure out why the second highest court in the country is short three judges, and why one nominee, Brett Kavanaugh, is on ice. Cornyn gives a hint, but not an answer.)