Virginia Attorney General Ken Cuccinelli understands the difference between unpopular and unconstitutional. During a speech October 21 at the Fall 2020 Legal Strategy Forum sponsored by the Heritage Foundation, Cuccinelli told attendees, “We don’t sue because we don’t like things. That is what elections are for.”
"There cannot be the slightest doubt that the First Amendment reflects the philosophy that Church and State should be separated," said Supreme Court Justice William O. Douglas in the 1952 Zorach v. Clauson decision. Ten years later, Justice Potter Stewart said in his dissent to Engel v. Vitale: "Moreover, I think that the Court's task, in this as in all areas of constitutional adjudication, is not responsibly aided by the uncritical invocation of metaphors like the 'wall of separation,' a phrase nowhere to be found in the Constitution."
Buried in an otherwise innocuous-appearing article in the New York Times about wiretapping was this chilling sentence: “The issue [of surveillance of individuals by law enforcement agencies] has added importance because [these technologies] developed by the United States to hunt for terrorists and drug traffickers can also be used by repressive regimes to hunt for political dissidents” [emphasis added].