The Cordell Institute was pleased to file an amicus brief in support of a petition for certiorari in Andrews v. State of New Jersey, a case which raises the important issue of compelled decryption of electronic devices. The question presented in the case is whether the U.S. Constitution’s Fifth Amendment right against self-incrimination prohibits the government from compelling a person to reveal their passcode to a locked electronic device such as an iphone. Currently, appellate courts across the country are deeply divided on how they analyze and determine this issue. Accordingly, Cordell and two other institutions, the Rutherford Institute and the Americans for Prosperity Foundation, have urged the Court to accept certiorari, that is, to hear and decide the case.
While the Supreme Court accepts only 100-150 of the over 7,000 cases it is asked to review each year (i.e. under 2% of all certiorari petitions filed), this case appears to have a much better chance than most of being accepted, and we are hopeful that the Court will grant the petition and hear the case on the merits.
You can read the filing here here.