Correct me if I'm wrong, but didn't the 6th Circuit already rule on this? I know there are four Federal Circuit Courts that have already affirmed the authority of the President to conduct warrantless searches for the purpose of gathering foreign intelligence. Wasn't the 6th one of these four? I think the other three are the 4th, 9th, and 11th.
If this is the case, then this judge cannot overturn a higher ruling of her own court.
I don't think the 6th has ruled on the TSP. Jonathan Turley said on FOXNEWS that other judges will also rule this to be unconstitutional, and it will put the Bush White House into "crisis mode."
I think the more judges rule against surveilling terrorist phone calls, the more the GOP can use thes rulings as evidence that the GOP needs to be in place to ride herd on these quislings.