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.
"It should always be remembered that law made for men or for nations flows from the same divine source: Tis the law of God. What we do indeed must be founded on what he has done and the deficiencies of our laws must be supplied by the perfection’s of His. Human law must rest its authority ultimately upon the authority of that law which is divine. We now see the deep and the solid foundations of human law from this short but plain, but I hope, just statement of things. We perceive a principle of connection between all the learned professions, but especially between the profession of divinity and the profession of law. Far from being rivals or enemies, religion and law are twin sisters, friends, and mutual assistants. Indeed, these two sciences run into each other."
Funny, that doesn't seem to support any idea of seperation of Church and State to me. :)
Oh...that WAS inartfully phrased. I shall go stand in the corner and do a few Hail Marys....
hahahahahah
Last time I checked this is America.. I don't like 3rd parties or indpendent candidates, however, I don't think we stop them..
Later all! See you on Monday!
I don't think it has a prayer for cert but if another case comes with real standing I think we have big problems if Congress doesn't change the law.
I'd sleep better if Pat Robertson's prayer for Justice Stevens came true soon.
Well, it's true!!! It's ALLLL BUSH'S FAULT!!! ALLLLL OF IT!!! EXCEPT for the things that are the JOOOOOOS FAULT!!! But the Democrats don't talk about that, because they need the Jewish voting block to try and be competetive. They THINK it, but they try HARD not to SAY it. They SAY it's BUSH'S FAULT! And in most cases, they THINK it's also the JOOOOOS fault! Liberals are outed Bush haters, and closet anti-Semites. Chris Matthews and McKinney and Al Sharpton and Jessie Jackson aren't able to keep their mouths shut on the latter though.
I'm back trying to catch up. Wasn't that an older gent that Rush said he wnted to hear from him again/
(I know, bad sentence structure)
Very true. It's like a bad hangover. Can't be totally sure what just happened.
He made a good switch. :) And you saying that reminded me that both the Army and Marines exceeded their recruiting goals, and those would be the two branches that would have NOT met their goals if the anti-war movement was so big. So more hard facts that the anti-war movement is an exaggerated bogus lie, because more and more people are STILL joining the military. Especially the Army and Marines.
I don't want anything bad to happen to him...just have him get tired of judging for a while; maybe let him be judge of the Nigerian supreme court or the Iraqi supreme court. Just so the Spirit moves him to resign his current job...
Yep, James from N? Dakota. What a call. Anybody else remember him from 97/98?
It is ever. You can just feel the hate and venom in the words she wrote. She wouldn't know how to be happy if you drew her a picture. Liberals like her are all hate and nothing but hate. And hate doesn't solve problems or motivate voters. The Democrats just never learn that lesson no matter how many ttimes they fail the same test over and over and over. Thank God they're such slow stupid learners.
The biggest reason this election in November is so important to the liberals, is that this is their LAST chance to GET BUSH! Because if the GOP holds the House and Senate in January, the DEmocrats have done nothing but fail during the Bush administration, and the American people will have resoundingly rejected the Democrat non-message of hate and obstructionism, for the Republican conservative message of hope and optimism, and REAL national defense, border control and tax cuts.
Well there you go huh? Fan of Howard Dean, that screams of mental imbalance.
Yup, I remember it, one of the best calls to Rush ever. Rush wanted him to stay in touch but I don't recall any followups.
It'd be nice if Rush played it again, the old guy was pretty sharp.
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