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.
Amazing. It runs in the family. Jailbird crook liberal Democrat father. She's on her way to filling his shoes. Excellent info!!! Definitely something to pass on to all Americans about her and her jailbird father.
Liberal thinking ( if that is possible ) understanding, and reason and rational thinking is well ? Ironic.
I just give my brother Dean the Stoner $20 on Monday. He buys a bag of ditchweed and stays high all day Tuesday.
ROFL! You're amazing! I have a liberal democrat friend who goes into the voting booth and then picks up vibrations that tell her how to vote. I asked her if I could pay her to vote rationally, but she said no. Any suggestions?
She's a welfare Mom, well really SSI but same-o same-o, never works so has no concept of the days of the week. Especially since she got the SOAP channel...she's got her 'stories' 24/7! Now if they put Fear Factor on 24/7, she'd never leave the house.
Rush is on Ned Lament now.
Excellent link, thanks.
I don't have that choice. My mother lives in Oregon, where they do 100% vote by mail. Have to find another way...
"Rush is on Ned Lament now."
And the Breck Girl (Edwards)
This is why I think everyone who wants to vote should have to show up at the polls and take a test on government, to prove they have at least a minimal knowledge of it. I figure that would wipe out at least 90% of the democrat base.
She doesn't get anywheres near that deep. It's just knee-jerk, hate Republican talk. I think it goes back to the mine wars here.
"Rush is on Ned Lament now."
Just struck me a couple of minutes ago, and spit coffee all over my keyboard....
How long do you think it will be before some media newstalker screws up and calls Ned by that name? Or how long it will take before Ned finally shakes it off?
I remember Laura Graham referring to Edwards as the Silky Pony.
I would hate that. Even though I know enough, I would choke taking a test. Heck, unless I stay up all night cramming, I would fail a blood test.
Dumba$$ moonbat caller alert.
Uh oh--possible seminar caller.
You used a Latin word. My eyes are starting to glaze.
Every year I have to go to the gun shop to have the hunting regulations explained to me. Legalese and I do not mix!!!
}:^/
Love it!
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