WaPo: New York Court of Appeals to hear argument in ‘In re 381 Search Warrants’ case by Orin Kerr:
Back in 2014, I wrote a long post on an issue raised by a pending case in New York state court: If the government serves a search warrant on an Internet provider for customer messages, and the Internet provider believes that the warrant violates the Fourth Amendment, can the provider go into court and litigate the constitutionality of the warrant before complying with it? New York’s state high court, the New York Court of Appeals, is going to hear argument in the case tomorrow. I thought I would blog more about the case to say why I think the provider in the case, Facebook, has a good argument that it has not made.
Nothing like having your lawyers outed for an argument not made.