RE: US Supreme Court rules that GPS Monitoring without a warrant is unconstitutional!
January 25, 2012 at 12:35 am
(January 23, 2012 at 2:56 pm)5thHorseman Wrote: This is great news, but, why the fuck did it get to the Supreme Court, it was obviously unconstitutional to begin with, wasn't it?
Issues of constitutional law always wind up in the Supreme Court if there is no similar state law or no law on the topic, if I am not mistaken. It doesn't work that way if the state is out to get you, though. If they don't have the law, you are not in trouble.
I did a lot of studying up on parental rights to help my ex, who happens to be a good dad, just a not so good hubby. At any rate, there are certain cases of grandparental visitation that wind up in the Supreme Court because it is unconstitutional to make a parent give visitation to anyone apart from another parent without showing that the child would be significantly harmed if the visitation is not granted. However, many local laws conflict that law, so it goes up the chain.