HIGH COURT CONSERVATIVES FLUBBED A BIG ONE: When New Deal liberals weaponized the federal bureaucracy, one of their main tools was the creation of administrative subpoenas that empower unaccountable officials to invade your property and personal belongings without first persuading a judge to approve the action. Think bank accounts. Cell phone call logs. Email messages.

Mark J. Fitzgibbons argues today in LifeZette that the five conservatives on the Supreme Court had an opportunity to restrain the issuance of administrative subpoenas in Carpenter v United States, decided on June 22. Chief Justice John Roberts sided with the Court’s four liberals in ruling police must get a warrant with a showing of probable cause before enforcing an administrative subpoena. Justices Clarence Thomas, Samuel Alito, Neil Goresuch and Anthony Kennedy dissented.

Fitzgibbons explains why this decision was an opportunity lost and his reasoning and look back in history to the Common Law origins of the Fourth Amendment as the Founders understood is well worth pouring yourself a fresh cup of java and sitting down to read a lucid analysis and warning.