Be able to justify to whom? The ACLU, the person receiving the letter? No! To a judge, of course. So, his ruling (which, I admit, I have not read) appears to dismiss with one hand the requirement for prior court approval for the letter and require it on the other. Seems like a perfect example of judical double talk.
I agree. These “judicial half wits” try so ardently to cover their asses that nothing they say makes any common sense. It is a damn shame common sense is such an uncommon virtue among those in their profession!