How the New Supreme Court May Tackle Tech's Big Questions

As our Supreme Court weighed the First Amendment implications of brutal video games back in 2011, Justice Samuel Alito cut in with a sarcastic jab: "Well, I think what Justice Scalia wants to know is what James Madison thought about video games. Laurence H. Tribe is the Carl M. Loeb University Professor and professor of constitutional law at Harvard University. Tribe and Matz are the co-authors of Uncertain Justice: The Roberts Court and the Constitution." This wasn't the first time that scientific advances had divided these super-conservative justices--and that speaks to a crucial point. While the confirmation hearings for Judge Neil Gorsuch will involve familiar debates over how to read the Constitution, judicial orientations toward new technology can scramble the fields in surprising ways.