Ginsburg Turns Down Her Own

Posted on October 8, 2005

A rarity indeed, as Justice Ginsburg, a former ACLU lawyer denies an appeal from her former workplace. Its really not that big of a deal, all she did was refuse to view it as an immediate emergency, which it wasn’t, and allow the lower Court the time it needed to carefully review and judge on the matter. I have to give her credit however, it was a just decision on her part.

WASHINGTON — Connecticut libraries lost an emergency Supreme Court appeal Friday in their effort to be freed from a gag order and participate in a congressional debate over the Patriot Act.

Justice Ruth Bader Ginsburg denied the appeal and offered an unusually detailed explanation of her decision.

Ginsburg said the American Civil Liberties Union had made reasonable arguments on behalf of its client, identified in a filing as the Library Connection, an association of libraries in Connecticut.

However, Ginsburg said that the New York-based 2nd U.S. Circuit Court of Appeals should be given time to consider whether the Patriot Act, and its requirement of secrecy in records demands, is unconstitutional as applied to the libraries.

“A decision of that moment warrants cautious review,” she said.

The ACLU, with backing from the American Library Association, argued that a gag order prevents its client from taking part in debate on Capitol Hill about the Patriot Act, which was passed shortly after the 2001 terror attacks. Some key provisions expire at the end of the year.

A federal judge said that the gag order on the libraries had silenced people “whose voices are particularly important in an ongoing national debate about the intrusion of governmental authority into individual lives.”

The 2nd circuit put the decision on hold, and Ginsburg was asked to intervene. In turning down that request, Ginsburg said she expected the appeals court to hear arguments in the government’s appeal and rule “with appropriate care and dispatch.” Arguments are Nov. 2.Source

I predict that it will return to the Supreme Court anyway, no matter what the ruling of the lower court is. Ginsburg’s ruling was correct this time, but in all probability she will rule in favor of the ACLU when it returns to the Supreme Court. This is an issue that many Americans are concerned about, and it does need careful review. The Patriot Act, which the ACLU hates, has many features that protect us from terrorism, but many Americans think it is too intrusive. I just found it mildly amusing that Ginsburg actually shut down her own.

Others:
Prarie Weather (liberal)
Law and Terrorism

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One Response to “Ginsburg Turns Down Her Own”

Gribbit on October 8th, 2005 1:51 pm

Former General Counsel… The Top Lawyer in the AmeriKan Communitst Lawyers Union. [but I'm nitpicking]

And we all let out a cautious cheer…