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:: Friday, August 18, 2006 ::
Re: Court Strikes Down NSA's Intercept Program; Powerline weighs-in:
"John, who is on vacation, has delegated to Scott and me the task of 'dissecting' the district court opinion that strikes down the NSA's intercept program as unconstitutional. In a sense, however, there isn't much to dissect. The opinion is almost devoid of analysis on the key constitutional provisions it relies upon (the court more or less ducks the issue of whether the intercept program is consistent with FISA and completely dodges the issue of whether the president has the inherent power to authorize the intercepts; it reasons that the Constitution trumps the statute (page 39) and that the president lacks the inherent power to violate specific constitutional provisions (pages 40-41)). It is part of my job as a litigator (and has been for more than 30 years) to read and understand judicial opinions. Off hand, I cannot recall reading an opinion as conclusory and content free as the key portions of this opinion. [emphasis mine, ed.]" It's truly frightening that Jurists of this low caliber have infected the Federal bench. Thanks again, Jimmy Carter; your mediochre, lackluster legacy lives on.
More: Jeff Goldstein has a terrific post commenting on Mark Levin's assesment.
:: Max 4:40 PM [+] ::
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