This is a possibility, but if they don&#x27;t cave, Clinton is not putting in Merrick Garland. And I don&#x27;t know that Merrick Garland has any sympathy for Scalia&#x27;s argument.<p>This is a case where the more liberal justices tended towards an anti-fourth argument as long as the surveillance was done in a public place, and neither Obama nor Clinton have shown themselves to have a problem with universal surveillance that I&#x27;m aware of, in any case, ever.