Stewart Baker gives the history. I don’t share his view of the “threats” we face, or care for his portrayal of his opponents as being part of a “privacy-industrial complex”, but I did always find the idea of a “right to privacy” stupid. A critical history of Brandeis remark about the states as “laboratories” for laws is here. David Bernstein calls Brandeis the most overrated in USSC history, partly due to his famous (reactionary? Progressive) “Brandeis brief” which pioneered the tactic of pounding on policy arguments when the law is not on your side. That later inspired the “doll study” of Brown v. Board which actually undermined the plaintiff’s case. I suppose it was inevitable that righties retaliated with “law and economics” (which I’m not a fan of).
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