"Questions don’t always telegraph a Justice’s position, but they are the best evidence we have. The court’s four moderate liberals seemed to be laboring to help Hilliard construct a proposed rule that might win five votes; Chief Justice John Roberts and Justice Samuel Alito seemed to be worried that applying the Constitution to this case might lead to tort actions against U.S. drone pilots who sit in the U.S. and guide drone aircraft on bombing strikes abroad; and Justice Kennedy seemed to be agonized about the potential bad effects of federal courts blundering into “the most sensitive areas of foreign affairs.”"
https://www.theatlantic.com/politics/archive/2017/02/is-the-southern-border-a-constitution/517407/
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