The fellows over at Joint Strike Weasel (in this case, Jeffrey and Ivan) have a couple of pieces on the decision to require an end to wiretaps by NSA.
I like the outcome; the wiretapping seemed like a dangerous power for the President to have.
But the JSW boys, and their reference to the Volokh roundup, do raise some difficult questions.
Liking the outcome doesn't mean you think the decision is a good one. I have felt this way often since Roe v. Wade: seems like the outcome is the one I would pick, but I don't know that I want judges MAKING that kind of pick, on essentially political issues.
2 comments:
The "political issue" had a political answer, the enactment of FISA. Warrantless eavesdropping of American citizens violates FISA. Alleged violations of the law are judicial issues.
Careful analysis and discussion of Judge Webb's decision can be found at glenngreenwald.blogspot.com
Pardon, Judge Taylor.
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