That geopolitical dimension relates to Scarry's other current interest, constitutional law.
"Active political currents" would join constitutional law experts in drawing up the amendments, he said.
He added that, in a best-case scenario, the justices will simply leave the provocation rule alone and note that it's not inconsistent with the current constitutional ground rules for law enforcement.
But according to most constitutional scholars, there is more to a constitution than constitutional law.
"The egotism of two people is essentially to blame for the current stalemate," Giorgos Kassimatis, a professor of constitutional law at Athens University, told Skai television.
"This court is institutionally deferential," Mr. Chemerinsky said, "but I don't think this is a court that will say, 'Anything goes.' " But other constitutional law experts said the current justices would be influenced by the atmosphere of war.
Peter Hack, professor of constitutional law at the Budapest university ELTE, argued that with its current constitutional setup, Hungary would never have been admitted to the Union.
"We believe that the current constitutional standard of freedom of expression should be maintained across all our laws".
Their statement pointedly observed that the "current challenges to the constitutionality of this legislation seek to jettison nearly two centuries of settled constitutional law".
But the current constitutional test -- whether there is a "reasonable expectation of privacy" in the data acquired by law enforcement -- can be vague and difficult to administer.
