ACLU Drops Challenge to Patriot Act
Cross Posted from Revealing the ACLU: I posted back in early October about a recent ruling by a Detroit Judge in response to an ACLU 2003 challenge to the Patriot Act.
The outcome of that ruling basically amounted to the Judge asking the ACLU to review the more recent changes to the Patriot Act and decide if they wish to continue the suit. You can read my original post here.
Late last night the ACLU decided that they did not wish to continue the suit.
The American Civil Liberties Union on Friday dropped a lawsuit challenging the constitutionality of the USA Patriot Act.
The ACLU said it was withdrawing the lawsuit filed more than three years ago because of “improvements to the law.” The Justice Department argued last month that amendments approved by Congress in March 2006 had corrected any constitutional flaws in the Patriot Act.
[…]
The ACLU said the revisions allow people receiving demands for records to consult with a lawyer and challenge the demands in court.
The Justice Department, which first asked that the lawsuit be dismissed in December 2003, said it was pleased by the ACLU’s action, which was contained in a one-paragraph notice filed with U.S. District Judge Denise Page Hood in Detroit.
“We … reiterate that the Patriot Act is a legitimate and important tool that has better helped law enforcement fight terrorism while simultaneously protecting our valued civil liberties,” Justice spokeswoman Tasia Scolinos said.
As mentioned before I believe a strong vigilance is needed to keep the Patriot Act in check. Such a powerful tool could turn into an equally devastating weapon. I think the ACLU goes too far in most of these types of challenge, but perhaps they can do some good here.
The total fight against the Patriot act is not over, the ACLU does plan to continue to challenge some portions of the act.
The group also said it is continuing its legal fight against a more frequently used provision of the Patriot Act that authorizes national security letters. Such letters allow the executive branch of government to obtain records about people in terrorism and espionage investigations without a judge’s approval or a grand jury subpoena.
That we need tools like the Patriot Act is a testament to the world in which we live – lets be cautious in its use, wise in its application, and merciless to those who would destroy us.
Also see: Say Anything
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Posted by Stop The ACLU Special Contributor on October 28, 2006 7:22 am
» Filed Under ACLU, News, War On Terror
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The attack on 9/11 and other attacks on American territory overseas seems to qualify as acts of invasion and so kicks off this clause of Article 1 Section 9 of the U.S. Constitution.
“The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. ”
It seems to be reasonable to believe if Congress has the justification to withdraw the writ then they can infringe on it.
That would mean the ACLU has no case about the unconstitutionality of the Patriot Act.