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Congress exercised its constitutional authority in carefully and deliberately renewing Section 5.
On Thursday, White House cyber coordinator Rob Joyce said there have "been no cases of 702 used improperly for political purposes". Before Trump's tweets, it was the opposition of privacy advocates that presented the chief obstacle to renewing Section 702.
Given its supporters in Congress, renewing Section 702 at the cost of American privacy seemed inevitable, but now lawmakers have their hands full trying to speed a controversial tax bill into law before the calendar turns over.
Justice Scalia suggested that renewing Section 5, indeed the entire Act itself, would today be a "perpetuation of racial entitlement".
She said in her bench statement that in renewing Section 5 in 2006, Congress "found that 40 years has not been a sufficient amount of time to eliminate the vestiges of discrimination following nearly 100 years of disregard for the 15th Amendment".
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Congress renewed Section 5 in 2006.
It also stated that Congress renewed Section 5 unanimously.
They are not the only potential wrecking-ball rig operators, though: there is also the McConnell faction, which seems unmoved by the Second Circuit decision and continues to act as though it's enough to renew Section 215.
Acknowledging the overwhelming vote by which Congress renewed Section 5 in 2006 – 98-to-0 in the Senate and 390-to-33 in the House – Mr. Will writes that "obviously, the political class's piety about the act has extinguished thought about its necessity," therefore requiring "active judicial engagement" to accomplish what politics cannot or will not.
Politically, the consensus that this level of surveillance (at least of American citizens) is necessary appears to be breaking down.As The Economist went to press on May 21st, Congress was in a fraught debate about whether and how to renew Section 215 of the Patriot Act a law passed in the immediate aftermath of the attacks of September 11th 2001 which was due to expire.
There are not the votes in the House of Representatives to renew Section 215".
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