Well Duh.
In a 44-page memorandum and order, U.S. District Judge Anna Diggs Taylor struck down the NSA program, which she said violates the rights to free speech and privacy.
The defendants "are permanently enjoined from directly or indirectly utilizing the Terrorist Surveillance Program in any way, including, but not limited to, conducting warrantless wiretaps of telephone and Internet communications, in contravention of the Foreign Intelligence Surveillance Act and Title III," she wrote.
She declared that the program "violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III."
Her ruling went on to say that "the president of the United States ... has undisputedly violated the Fourth in failing to procure judicial orders."
The lawsuit, filed January 17 by civil rights organizations, lawyers, journalists and educators, "challenges the constitutionality of a secret government program to intercept vast quantities of the international telephone and Internet communications of innocent Americans without court approval."
The complaint was filed in U.S. District Court for the Eastern District of Michigan, based in Detroit. Plaintiffs included branches of the American Civil Liberties Union, the National Association of Criminal Defense Lawyers, the Washington and Detroit branches of the Council on American-Islamic Relations and Greenpeace.
The question is, now that the ACLU has won this victory against the Bush administration, will it hold up in front of the Bush-loving Supreme Court? I'm thinking there are only so many laws even a Bush-loving Supreme court will allow him to break. This is a pretty strongly worded opinion that says Bush is not allowed to rewrite laws without the consent of congress. I kind of doubt even this Supreme Court would be so unAmerican and antidemocratic as to suggest otherwise.
2 Comments:
FWIW, I love the outcome, but the outcome isn't deeply supported by the argument. I mean, the First Amendment argument, for instance, is just like 3 pages long. Not all of this is going to stand up on appeal. More analysis, more bedrock, was needed for such a broad finding--she ruled that it violated the 4th and 1st Amendment, and FISA and the APA. Pretty broad ruling for only 43 pages of analysis.
7:48 PM, August 17, 2006
What do you think the chances are this will hold in the next round of appeals?
My understanding is that it has to go through one more appeals court before it gets to the Supremes.
1:13 AM, August 18, 2006
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