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.
Sniff sniff caller
heh, heh, heh
"I was a Republican"
This caller devolved. Most people are liberal when young, then when they get older they grow up and become an adult, and become conservative. This guy went from being enlightened to being a political and ideological retard. How sad. Hope he didn't procreate.
How many times has this guy said "you know."
New lie.. I voted for Reagan twice..
He voted for Reagan my ass. He sounds like a French Socialist.
:-)
Well, don't worry--the mandatory tests won't be imposed until I become Queen. And even then I'll allow FReepers to apply for exemptions. A quick review of your posts would show you to be highly qualified to vote.
Rip the flag off the box.
Ooops! My legal training got out of my system programmer pocket... The Supreme Court, in most cases, does NOT have to take a case. Of the some 30000 cases appealed to them, they have to vote to "grant certiori" to take the case. Point being, most cases never get that far and the last standing ruling is the Court Below, which in the Federal system is the Court of Appeals.
Thank you, Queen !
No it won't play out like that in the press, but the press doesn't matter anymore. Most Americans don't get their information from the liberal press anymore. The press is irrelevent to this. The truth of this story is already over the place here, and conservative email organizations, FOX News, all the talk radio hosts, and all the people that get the truth from all those different places, are passing it to all the people they know, many of which don't know about it, so word of mouth informs people too, and it's easily proved as accurate. The press just doesn't have the teeth they use to have. It will be over turned, and all the hype about it this week will have no impact. The only thing that really matters is that the program will be used long after this Judge is off the court, and it will annoy many Conservative voters in the process. :)
So a perfectly normal Junk Media headline. 10 out of 10 times the you see one of these headlines and when you tear into the article the headline is directly contradicted by the actual facts in the story.
I hope I'm listening that day!
Sorry, but he doesn't even make enough sense to rate being called a Moonbat.
Loser. Chronic. Probably terminal Stuck on Stupid.
"Used to be a Republican..." Must think all the listeners are as dumb as rocks.
Didn't count them all, but now I am going to!
In that photo he looks like the guy they just arrested for the JBR murder.
You can be queen of the waffles! LOL
LOL
Hi Chicago
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