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View Diary: FISA: Yeah, but... what if? (257 comments)

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  •  How can they do this to us? (1+ / 0-)
    Recommended by:
    sherlyle

    ...and when will the Supreme Court intervene and declare this unconstitutional?

    •  Well, (3+ / 0-)
      Recommended by:
      Kimberley, stephdray, sherlyle

      probably never.  No one can bring a case before the Supremes about this unless they can show "standing" (evidence of harm).  But all the evidence will be secret, and so a plaintiff can't show standing, and the court won't hear the case.

      It'll be up to some future congress to undo it, and that -- at least at this point in time -- seems very unlikely.

      Je suis inondé de déesses

      by Marc in KS on Fri Jun 20, 2008 at 09:23:22 AM PDT

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      •  As for THIS Supreme Court (2+ / 0-)
        Recommended by:
        Marc in KS, stillwaters

        Even if you could somehow prove "standing", you would be extremely lucky to get a slim 5-4 decision in favor of the Constitution.

        If Obama is elected in November and gets to select Justice Stevens' replacement (maybe Justice Ginsburg's too) - this will not change (until and unless Scalia steps down - then you might get 6-3 if you're lucky).

        If McCain is elected, kiss the Constitution goodbye.

      •  I'm not so sure (0+ / 0-)

        Granted, there's the whole "standing" question in regards to the telcoms...but that's not how this bill needs to be challenged.

        With this legislation, Congress is, in effect, granting the president the power to delcare what is and isn't legal by fiat, and allowing him to usurp the authority of the courts. That's massively unconstitutional and goes a lot deeper than telcom immunity.

        Give a man a fish, he'll eat for a day. Teach a man to fish, and he'll sit in a boat and drink beer all day.

        by GrouchoKossak on Fri Jun 20, 2008 at 11:51:26 AM PDT

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        •  Although IANAL, (0+ / 0-)

          it seems to me that someone has to show damage somewhere in order for any court to hear a civil case about anything.  Who's going to sue whom, and over what?

          But, because IANAL, I don't know for sure.

          Je suis inondé de déesses

          by Marc in KS on Fri Jun 20, 2008 at 12:17:01 PM PDT

          [ Parent ]

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