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View Diary: Dick Durbin: Secret FISA court 'fixed,' 'loaded' (206 comments)

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  •  I don't think federal judges change their (0+ / 0-)

    fourth amendment views or abandon their professional responsibilities when they travel to D.C. for a week to rule on these applications. Perhaps you do. I don't think that merely adding more Democrats will change either the fourth amendment jurisprudence of FISC or the approval rate. Apparently some people do. I based my view on evidence. Not having seen any contrary evidence from you to change my view, we'll just have to disagree.

    •  i agree (0+ / 0-)

      that adding more democrats is no solution. i can't speak to their views on the constitution, but i can speak to a 99.97% approval rating.

      The cold passion for truth hunts in no pack. -Robinson Jeffers

      by Laurence Lewis on Mon Jul 29, 2013 at 05:22:15 PM PDT

      [ Parent ]

      •  Let's try to level the playing field (1+ / 0-)
        Recommended by:
        Laurence Lewis

        Since all the judges on the FISA Court were picked by Chief Justice Roberts, they probably hold views similar to Roberts. To redress this imbalance of judicial temperment, here is my modest proposal: double the number of judges on the FISA Court, and have the ACLU appoint all of the new judges. Furthermore, require that no spying warrants shall be issued except by a 2/3 vote.

        Carbon di-oxide in the atmosphere is now 400ppm. That is "Climate Cluster Chaos" of the worst order if there ever was one. (hat tip to JeffW for CCC)

        by Zinman on Mon Jul 29, 2013 at 05:56:30 PM PDT

        [ Parent ]

        •  2/3 of what? The orders are issued (1+ / 0-)
          Recommended by:
          Zinman

          by single judges. You could design a different system, but as it stands, these are not group decisions.

          •  I'm designing a new system (1+ / 0-)
            Recommended by:
            Villanova Rhodes

            In that system 2/3 would mean 2/3 of the total number of authorized FISA Court judicial positions, rounded up to the next whole number.

            Carbon di-oxide in the atmosphere is now 400ppm. That is "Climate Cluster Chaos" of the worst order if there ever was one. (hat tip to JeffW for CCC)

            by Zinman on Mon Jul 29, 2013 at 09:55:40 PM PDT

            [ Parent ]

            •  Trying to design a replacement (0+ / 0-)

              is a good way to confront the issues. Which types of applications would need to be considered by the full court, and which could be decided by a single judge?

              •  The full court should hear issues of wide impact (0+ / 0-)

                Issues impacting lesser numbers should be addressed by two judges, one of whom would be one of newly empowered ACLU chosen judges. If both judges did not concur, the full court should hear the issue. Should any member of the full court disagree with a decision by a two member panel, the issue should be brought to the full panel.

                Carbon di-oxide in the atmosphere is now 400ppm. That is "Climate Cluster Chaos" of the worst order if there ever was one. (hat tip to JeffW for CCC)

                by Zinman on Wed Jul 31, 2013 at 07:06:53 PM PDT

                [ Parent ]

      •  No, it wouldn't (0+ / 0-)

        Adding more Democrats or Republicans or this or that wouldn't. Adding people who share ideals that the public wants is.  Even Wyden himself once in 2001 voted to make it easier to wiretap cell phones.  

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