Posted on 10/08/2005 12:53:12 PM PDT by LurkedLongEnough
(Washington-AP, Updated 7:50 PM) _ Connecticut libraries lost an emergency Supreme Court appeal on Friday in their effort to be freed from a gag order and participate in a congressional debate over the Patriot Act.
Justice Ruth Bader Ginsburg denied the appeal and offered an unusually detailed explanation of her decision.
Ginsburg said the American Civil Liberties Union had made reasonable arguments on behalf of its client, identified in a filing as the Library Connection, an association of libraries in Connecticut.
However, Ginsburg said that the New York-based 2nd U.S. Circuit Court of Appeals should be given time to consider whether the Patriot Act, and its requirement of secrecy in records demands, is unconstitutional as applied to the libraries.
"A decision of that moment warrants cautious review," she said.
The ACLU, with backing from the American Library Association, argued that a gag order prevents its client from taking part in debate on Capitol Hill about the Patriot Act, which was passed shortly after the 2001 terror attacks. Some key provisions expire at the end of the year.
A federal judge said that the gag order on the libraries had silenced people "whose voices are particularly important in an ongoing national debate about the intrusion of governmental authority into individual lives."
The 2nd circuit put the decision on hold, and Ginsburg was asked to intervene. In turning down that request, Ginsburg said she expected the appeals court to hear arguments in the government's appeal and rule "with appropriate care and dispatch." Arguments are Nov. 2.
The case could still return to the Supreme Court.
The Patriot Act authorized expanded surveillance of terror suspects, increased use of material witness warrants to hold suspects incommunicado and secret proceedings in immigration cases.
Much of the Supreme Court appeal, filed earlier this week, was classified and blacked out. The Bush administration's published response consisted of blank pages. A filing by the American Library Association and other groups included some details, as did Ginsburg's seven-page opinion.
She said that the library association member received an FBI demand for records but was told that it would be illegal to tell anyone about it. The group sued on free-speech grounds so that it could take part "in the current debate -- both in Congress and among the public -- regarding proposed revisions to the Patriot Act," according to Ginsburg.
Federal prosecutors have maintained that secrecy about records demands is necessary to keep from alerting suspects and jeopardizing terrorism investigations.
Ann Beeson, the ACLU lawyer handling the case, said Friday that they would continue their legal fight.
"Ultimately, we believe that this broad power, which allows the government to seize library and Internet records without judicial authorization, is unconstitutional and offensive to American democracy," she said.
The emergency appeal was filed with Ginsburg because she handles cases from the 2nd Circuit.
The case is Doe v. Gonzales, 05-A295.
WHY DIDN'T RUTH BUZZIE GINSBURG RECUSE HERSELF FROM THIS CASE???!?? SHE USED TO WORK FOR THE ACLU!!!
Yeah, yeah, I know she denied their appeal. My point is: if she were Antonin Scalia ruling on a "Halliburton" or some other Cheney case, the leftwingnuts would be crying foul over the involvement.
She only declined to speed-up the decision. I wonder if the 'unusually detailed explanation' also include some hints on how to win the case over the complete SCOTUS.
Good question.
The reason is very simple ~ dateless, spinster librarians find young AlQaida activists to be appropriate targets for their sexual urges ~ The ACLU comes into the picture because they like terrorists and sex just as much as any librarian.
She just sent it back to the lower court. If it goes back to the Supreme Court she will have to vote on it. THEN we will know where she stands.
If there is an attorney here perhaps you can answer my question. Isn't the part of the Patriot Act being questioned taken from the RICO act.
I may have worded this wrong but I know there is something in RICO that the ACLU wants removed from the Patriot Act.
She just sent it back to the lower court. If it goes back to the Supreme Court she will have to vote on it. THEN we will know where she stands.
If there is an attorney here perhaps you can answer my question. Isn't the part of the Patriot Act being questioned taken from the RICO act.
I may have worded this wrong but I know there is something in RICO that the ACLU wants removed from the Patriot Act.
I could be wrong, but from what I've understood of Janic Rogers Brown, she would side with Ruth Buzzi on this, while Miers would not. Food for thought.
WTF?
I was under the impression that duel elected members of Congress held congressional debates on the Acts before them.
Not libraries....churches....dog catchers...or McDonalds line cooks.
Am I to understand that I can waltz into a session of Congress and hold the floor with my personal opinions?
There not!
Just look to the old USSR
Check out the wrong book.
And you got an all expenses paid trip to the Great White East.
Just wait till you fit the profile some egghead made up. That would do some local event that happend. Just because of some book you checked out. And asked.
“ What was your location was on the night of....”
My understanding (from the article) is that a library received an FBI subpoena, and was told to keep it secret. So the issue is not providing the information, but whether you can be required to remain silent when you do.
Close the libraries. That’s a fool idea. Why would you want to do that!
There’s a lot more to libraries that going there to watch porn. Not every household has the net for one thing.
I have been out of High School for 30 years. Here’s a list of the book I have checked out right now from our library system. I don’t think our local HS would have them.
And that don’t include Videos or times I look up something in a 40 year old news paper. Or many more things.
Born to fly : the untold story of the downed American reconnaissance plane / by Shane Osborn
Jarhead : a Marine's chronicle of the Gulf War and other battles / Anthony Swofford
Return with honor / Scott O'Grady
Amelia Earhart's daughters : the wild and glorious story of American women aviators from World War II to the dawn of the space age / Leslie Haynsworth and David Toomey
The universe in a single atom : the convergence of science and spirituality / the Dalai Lama
By any means necessary : America's secret air war in the Cold War / William E. Burrows
The last mission : the secret story of World War II's final battle / Jim B. Smith
Voices from Chernobyl / Svetlana Alexievich
Bible as history : a confirmation of the Book of Books
Dark hero of the information age : in search of Norbert Wiener, the father of cybernetics / Flo Conway & Jim Siegelman.
Reflections of Pearl Harbor : an oral history of December 7, 1941 / K.D. Richardson
The state boys rebellion / Michael D'Antonio.
Trail Ordeal of the USS Enterprise
The Bonus Army : an American epic / Paul Dickson and Thomas B. Allen
The sinking of the Eastland : America's forgotten tragedy / Jay Bonansinga
Eastland : legacy of the Titanic / George W. Hilton
Yes. I'm just saying if it came up, with Miers' background on the WOT, I think we know what she'd do.
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