GREAT WORK!
Posted on 08/18/2006 8:47:18 AM PDT by MNJohnnie
A couple of articles why the NSA ruling by the Carter Appointee is so much garbage.
http://levin.nationalreview.com/
By Mark Levin
Judge Not
Are there no limits to which activist judges won’t go to advance their political and policy agendas? Answer: No. I wrote an entire book about it. And U.S. District Judge Anna Diggs Taylor, appointed in the twilight of the Carter administration, is the latest in a long list of disgraceful lawyers who abuse their power.
There are four things that strike me most about Taylor’s opinion. First, she grants standing to such plaintiffs as the ACLU, CAIR, Greenpeace, National Association of Criminal Defense Lawyers, Christopher Hitchens, and others, without a shred of information showing any connection between the plaintiffs’ assertions of constitutional violations and any harm to them. However, Taylor reveals herself in this excerpt from her ruling:
… [T]he court need not speculate upon the kind of activity the Plaintiffs want to engage in – they want to engage in conversations with individuals abroad without fear that their First Amendment rights are being infringed upon. Therefore, this court concludes that Plaintiffs have satisfied the requirement of alleging “actual or threatened injury” as a result of Defendants’ conduct
Taylor writes later:
Although this court is persuaded that Plaintiffs have alleged sufficient injury to establish standing, it is important to note that if the court were to deny standing based on the unsubstantiated minor distinctions drawn by Defendants, the President’s action in warrantless wiretapping, in contravention of FISA, Title III, and the First and Fourth Amendments, would be immunized from judicial scrutiny. …
In other words, if Taylor had ruled properly and found that the Plaintiffs had no standing to bring their lawsuit, she would have denied herself the ability to strike down the NSA intercept program by throwing out the lawsuit.
Second, Taylor fails to address adequately that which has been debated here and elsewhere for months, i.e., the president’s inherent constitutional powers as commander-in-chief, and the long line of court cases (and historical evidence) related to it.
Third, in many places, the opinion reads like a political screed.
Fourth, Taylor insists on the immediate implementation of her decision, meaning that the NSA must stop intercepting enemy communications at this very moment, unless it succeeds in getting judicial relief elsewhere.
The ACLU et al have won the day, as they often do these days when they take their agenda to our courts. Forum shopping works. The judiciary does not.
The opinion is here. (H/T: Andy McCarthy)
UPDATE: This from the Justice Department: "The parties have also agreed to a stay of the injunction until the District Court can hear the Department's motion for a stay pending appeal."
UPDATE II: Just to be clear, Taylor ruled that the president/NSA violated the FISA, Title III, the First and Fourth Amendments, and the Separation of Powers doctrine.
Me too...Everyday Low Prices at MY superstore...
This was absolutely judge shopping. The ACLU never goes to courtany other way on national issues.
GREAT WORK!
The insanity of the dems is breathtaking.
Two reasons to try it in Michigan: New Fallujah and Dearbornistan.
We're all individuals! 
I'm not! 
The only way the GOP is losing the "Security Moms" is if the Security Moms suddenly no longer care about national security and the safety of their children, since the Democrats sure don't offer any security ideas.
As I commented on my friends blog re: Security Moms...
Besides it being BS period. All moms have the need to protect their children; At the end of the day, you know where the vote goes.
No...Brit Hume reported yesterday that there has been absolutely no news and no one has taken responsibility. He said they hope their colleagues are alive and well and that supposedly the PLA and the Hambos both want their release. Hmmmm...we'll see. There's no news...because there's no news.
Rush was close to the reasoning behind picking MI.
Cubicle bound
Caller James: "Thanks, Rush, for exposing background of judge taylor. "
(Had question on judge shopping.)
Rushbo: Said he'd check. "Did you know, the ACLU lawyers in this case are Muslims."
The ACLU lawyers are MUSLIMS????
WHERE HAVE YOU BEEN! GOOD TO SEE YOU. HOLD ON TO YOUR HAT!
Not just equal. More consideration.
Let's hear it for the Al Qaeda Bill of Rights.
That's my thought exactly, the ACLU is shopping for liberal Judges to make rulings to their liking, and it was a liberal old witch that bit. Knowing that the ACLU "lawyers" are Muslims, makes me even more certain of this. The ACLU is now fully co-opted and nothing more than a Islamo-fascist terrorist tool from right here in the United States.
Wouldn't that be a hoot!
Workin', man.
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