Black Robes Speak!: SCOTUS deals blow to ACLU's challenge to President Bush's warrantless surveillance program.
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Tuesday, February 19, 2008

SCOTUS deals blow to ACLU's challenge to President Bush's warrantless surveillance program.

Read the ACLU's press release on the case.

Note that the ACLU's press release is right: the court's decision does NOT deal with the merits of the issue regarding the legality of the surveillance program. The denial is, I suspect, only on procedural grounds, which means that the issue lives on for another day.

The lower court had found that the ACLU could not prove that any of the people it represents were "victims" of the surveillance program, thereby dealing the organization a "catch 22" problem of proving that they were the targets of the super SECRET program -- a kind of proving the nearly unprovable.

Congress must then act, if it wants to change the result of this case.

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