Her legal reasoning is apparently fairly weak. I haven't read the full opinion (43 pages of bullshit, that's why I dropped out of law school), but I understand that there are two points of primary contention:
1. that the plaintiffs in the case have standing to sue 2. that the program is a breach of the 4th Amendment "search and seizure" clause In ruling that the plaintiffs have standing, she basically says, if they don't have standing, who will hold the Administration's feet to the fire? That isn't sound legal reasoning for anything. On the 4th Amendment breach, her ruling says that the rights of journalists to talk to terrorists who might be targets of the program trumps the rights of the rest of us to be protected against those terrorists plotting to attack us. She ignores relevant precedents, like the fact that the Supreme Court has ruled that certain searches, e.g. searches at the borders of the U.S., do not require a warrant because they represent a compelling public interest that creates a special exception to the 4th Amendment. On appeal, the Administration is going to win that argument in a walk. On 8/18/06, Gruss wrote: > > > RoMunn wrote: > > You guys are all fantasizing. This puppy is getting overturned on > appeal. > > > > I agree, but not due to sound legal reasoning, due to politics. I've > read the ruling and while I'm no expert it's a damn strong argument > that I don't find flawed with vindictiveness. > > If there it is overturned for other good legal reason then it'll need > to go to the Supreme Court which means that it'll be given the > political treatment by them. > > -- --------------- Robert Munn www.funkymojo.com ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Introducing the Fusion Authority Quarterly Update. 80 pages of hard-hitting, up-to-date ColdFusion information by your peers, delivered to your door four times a year. http://www.fusionauthority.com/quarterly Archive: http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:213582 Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5
