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View Diary: When SCOTUS Rules in Favor of the NSA, Will You Call for Impeachment Then? (233 comments)

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  •  Not so fast with ACLU and standing. (3+ / 0-)

    There is no guarantee that the ACLU can establish standing by the released information. They were denied because they couldn't show a particularized harm. The Verizon warrant that was released doesn't show that they have been harmed. The FISA court agreed that the collection of business records, but not the searching of them, could take place.

    The ACLU case is about the government searching those records and using the collected information against them. So the government will probably argue that the ACLU still doesn't have standing because they can't show any "search" actually occurred.

    The government is loathe to have this litigated, and I suspect that the Court will be happy to not litigate it as well.

    •  That's a good point. (0+ / 0-)

      I agree the courts - and especially SCOTUS - will take any opportunity to avoid taking a raw position on this, because their inevitable decision would probably catalyze exactly the kind of perception that I and a relative minority have had about them since 2000 and especially now after VRA.

      Sign the petition to demand a law-abiding Supreme Court.

      by Troubadour on Mon Jul 01, 2013 at 06:33:47 PM PDT

      [ Parent ]

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