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Anthony Kennedy
The Supreme Court and the flow of history
The Supreme Court and the flow of history

The Supreme Court doesn't only make history. Sometimes it's swept along by historical waves, and sometimes it's caught up trying to resist them. During the last few months, the justices recognized the centrality in our private lives of the smartphone by requiring that police obtain warrants to search the phones of people in their custody, but turned away the claim of the owner of another new technology, Aereo, that using its own antennas to deliver broadcasters' content didn't infringe copyrights. As often happens, the justices issued decisions that couldn't be pigeonholed as liberal or conservative, or that confounded the expectations of both political blocs — unanimously overturning...

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