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.
Exxon?
Here comes the DU ranting.
Indeed. :)
Yes - Rush loves words...."words have meaning.....
You were right, Clint!!!
It's not fair that rich people have more resources than I do. WAAAAAHHH!!
And he's got a script. He's a moonbat caller.
Rush IS WASTING his time.....
5...4...3...2..1...
Dump him Rush. You are wasting your time.
And the moonbat just got patronizing. Where's my baseball bat?
I was fixing lunch and missed the first part -- is this guy some moonbat or just an idiot -- or both???
Where's Levin when you need him?
GET OFF THE PHONE, YA BIG DOPE!
Oh No....a religious zelot!
The best lawyer in the world can't get your death overturned.
Oh and now he's a born again Christian. Like Jimmah Cateh I guess. So he became a Christian and a Democrat, whatever!!! This guy is full of crap. If anything, becomming a Christian recently would drive someone away from the Democrat party. Immorality in movies and TV, abortion, gay marriage, liberal schooling, etc. so on, anyone? Moron moonbat liberal caller.
Yup, both. He started out complaining that Americans perceive life as unfair, because he can't walk into WalMart and get the same kind of job security the CEO has.
Instead of working at Dairy Queen Mike should get a real job.
Sorry, you have to see what these savages are doing.
Located at LGF blog, if you don't have Flash 8
http://littlegreenfootballs.com/weblog/?entry=22156_Desecration_of_Israeli_Bodies_by_Lebanese_Villagers&only
In this Future TV (Lebanon) propaganda piece about a Hizballah stronghold in southern Lebanon, villagers are seen dumping body parts out of duffel bags—from IDF soldiers, they claim—and desecrating them, stepping on them and holding them up for Future TV’s camera.
The words that come immediately to mind are “appalling savagery.” And it’s broadcast to the Arab world, with an Orwellian narrative about resistance and victory. (From Link TV - Mosaic August 15, 2006.) http://www.worldlinktv.com/mosaic/streamsArchive/
Just Satanic.
And how. Lalalala.
BOC my butt. Mike is a liberal Seminar caller. He wants equality yet he had every chance to study hard in school and be a CEO as everyone else does.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.