The U.S. Court of Appeals for the Sixth Circuit ordered the dismissal of a lawsuit challenging President Bush's Terrorist Surveillance Program.
The 2-1 ruling vacated an order by a lower court in Detroit last August that the post-911 warrantless surveillance aimed at uncovering terrorist activity was unconstitutional, violating rights to privacy and free speech and the separation of powers. That lower court decision by Judge Anna Diggs Taylor, a Carter appointee, is one of the most blatantly political opinions I've read in some time. You can read it for yourself here [pdf file]. The decision was also artfully timed, in a political kind of way. Judge Taylor issued the now vacated decision last August in the midst of November midterm election campaign.
The dismissal was based on the lack of standing by the lawyers, journalists and scholars, who claimed the terrorist surveillance program handicapped their ability to do their jobs:
Judge Gibbons's opinion begins, "The disposition of all of the plaintiffs' claims depends upon the single fact that the plaintiffs have failed to provide evidence that they are personally subject to the [Terrorist Surveillance Program]. Without this evidence, on a motion for summary judgment, the plaintiffs cannot establish standing for any of their claims, constitutional or statutory.
The Circuit Court's decision is available here[pdf file].
The dismissal is another defeat for the American Civil Liberties Union's relentless campaign against the War Against Terror.
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