Anthony Kennedy

I do not think that we should select judges based on a particular philosophy as opposed to temperament, commitment to judicial neutrality and commitment to other more constant values as to which there is general consensus.

In 1979, the Supreme Court ruled 5-3 in Smith v. Maryland that a few days' worth of phone records for a single individual were not protected by the Fourth Amendment. The NSA today, though, collects hundreds of millions of phone records from hundreds of millions of Americans without an individualized warrant.

Here's the teaching point, if you're teaching kids about intelligence and policy: Intelligence does not absolve policymakers of responsibility to ask tough questions, and it doesn't absolve them of having curiosity about the consequences of their actions.