Jacquot Comments on Future of Privacy Rights Under Newly Constituted Supreme Court
June 29, 2018
Law360
Partner Joe Jacquot was quoted in a Law360 article, “Justice Kennedy’s Departure Leaves Privacy Limits Up In Air,” about the possible impact of Justice Anthony Kennedy’s retirement on the Supreme Court’s future Fourth Amendment jurisprudence.
Jacquot said that Chief Justice John Roberts, who provided the deciding vote in the court’s 5-4 ruling last month in Carpenter v. U.S., which held that the Fourth Amendment’s privacy protections extend to historical cell phone location records maintained by third-party service providers, may prove to be the crucial swing vote in digital privacy cases that hinge on the court’s prior precedence.
“We saw in the Carpenter decision that the chief justice was on the other side touting the role of stare decisis on a major policy issue,” he said. “Outside of even the confirmation process, there’s going to be a whole discussion about what is the new role for Roberts as chief justice with this newly constituted court that we expect is going to be very interesting, especially from a privacy perspective.”
Jacquot said that Chief Justice John Roberts, who provided the deciding vote in the court’s 5-4 ruling last month in Carpenter v. U.S., which held that the Fourth Amendment’s privacy protections extend to historical cell phone location records maintained by third-party service providers, may prove to be the crucial swing vote in digital privacy cases that hinge on the court’s prior precedence.
“We saw in the Carpenter decision that the chief justice was on the other side touting the role of stare decisis on a major policy issue,” he said. “Outside of even the confirmation process, there’s going to be a whole discussion about what is the new role for Roberts as chief justice with this newly constituted court that we expect is going to be very interesting, especially from a privacy perspective.”
Related News
July 28, 2025
In the News
Mark Wolfson Honored in Florida Bar Spotlight
Foley & Lardner LLP partner Mark Wolfson was featured by The Florida Bar for his contributions to the Florida legal community in a "Past Chair Spotlight."
July 24, 2025
In the News
Margaret Nelson Assesses SEC Enforcement Philosophy
Foley & Lardner LLP partner Margaret Gembala Nelson commented in the Private Equity Law Report article, "SEC Enforcement Action Raises Potential Materiality Threshold for Conflicts of Interest," sharing insight on enforcement philosophy at the U.S. Securities and Exchange Commission.
July 24, 2025
In the News
Foley's Trial Team Featured Following Landmark Victory in Texas Trade Secret Case
Foley & Lardner LLP’s recent landmark appellate victory in a Texas trade secrets case is featured in the Texas Lawyer article, "Ruling Sets Precedent for Employment, Trade Secrets, Fiduciary Duty."