Comment woah woah woah slow down here (Score 1) 128
'exhuming forfeited arguments when they involve matters of “public concern” would present practical difficulties. For one thing, identifying cases of a “public concern” and “non-public concern” –- divorced from any other consideration –- is a tricky task governed by no objective standards..... For another thing, if an issue is of public concern, that concern is likely more reason to avoid deciding it from a less-than-fully litigated record....'"
If I am reading this correctly, Would this not mean that the federal government no longer has standing to hide behind "national security" when it comes to denying freedoms or bringing people to court without a warrant?