NSA Surveillance Allowed To Continue

Posted on October 4, 2006

Well, here is some good news out of the 6th Circuit Court of Appeals staying the lunatic ruling from Judge Anna Diggs Taylor. I’m sure it will not take long for the ACLU to make a press release expressing their disappointment. I’ll let you know when it happens.

The unanimous ruling from a three-judge panel of the 6th U.S. Circuit Court of Appeals gave little explanation for the decision. In the three-paragraph ruling, judges said that they balanced the likelihood an appeal would succeed, the potential damage to both sides and the public interest.

U.S. District Judge Anna Diggs Taylor in Detroit ruled Aug. 17 that the program was unconstitutional because it violates the rights to free speech and privacy and the separation of powers in the Constitution.

The Justice Department had urged the appeals court to allow it to keep the program in place while it argues its appeal, claiming that the nation faced “potential irreparable harm.” The appeal is likely to take months.

Reactions:

AJ Strata says the news is excellent!
Macranger:

Read the order.
Just the first step to turning over on appeal the agenda driven and idiotic ruling by U.S. District Judge Anna Diggs Taylor in Detroit back on Aug. 17.

Hang Right Politics thinks Judge Diggs Taylor’s ruling is going to be overturned very shortly.

Hot Air:

This one’s getting overturned, baby. And then it’s on to the Supremes, where the Stevens/Souter/Ginsburg/Breyer wing and the Roberts/Scalia/Thomas/Alito wing will do their usual 4-4 split, once again leaving the fate of American law in the hands of Anthony Kennedy. And there’s no telling what he’ll do.
Actually, yes there is. He’ll vote with the liberals and declare the program unconstitutional.

» Filed Under ACLU, News, War On Terror

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One Response to “NSA Surveillance Allowed To Continue”

kerwin_brown on October 5th, 2006 2:14 am

He is most likely a libertarian of some type, so he and the liberals tend to see cultural issues the same way.

I am not sure all the liberal justices will side with U.S. District Judge Anna Diggs Taylor on this one, though they might well declare the wiretap violate FICA law. That will give Congress the ability to step in, just as they are with the Gitmo trials.