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1 Political Atheist  Sat, Mar 9, 2013 12:18:46pm

The thought occurs to me today that the Bush administration may have been the first administration that had the technology at hand to do this. This may be a case of a policy that would come up gives the way the internet works and the post 9/11 attitude about gathering intel to prevent terrorist attacks.

2 Dark_Falcon  Sat, Mar 9, 2013 12:52:15pm

re: #1 Political Atheist

Don’t assume this decision is going to stand up, though. This is the kind of case the Supreme Court often hears and SCOTUS (even its liberal members) holds the rulings of the 9th Circuit in fairly low regard.

3 EPR-radar  Sat, Mar 9, 2013 1:28:47pm

re: #2 Dark_Falcon

Don’t assume this decision is going to stand up, though. This is the kind of case the Supreme Court often hears and SCOTUS (even its liberal members) holds the rulings of the 9th Circuit in fairly low regard.

SCOTUS review would have more apparent legitimacy if it didn’t so often come down to Justice Kennedy’s swing vote between conservative and non-conservative blocs.

4 Dark_Falcon  Sat, Mar 9, 2013 1:32:53pm

re: #3 EPR-radar

SCOTUS review would have more apparent legitimacy if it didn’t so often come down to Justice Kennedy’s swing vote between conservative and non-conservative blocs.

But that’s just it: Even more liberal justices like Ginsburg and Sotomayor have been annoyed with the 9th in the past. Controversial rulings by the 9th on this sort of issue tend to be poorly received because of that bad reputation.

5 EPR-radar  Sat, Mar 9, 2013 1:55:28pm

re: #4 Dark_Falcon

But that’s just it: Even more liberal justices like Ginsburg and Sotomayor have been annoyed with the 9th in the past. Controversial rulings by the 9th on this sort of issue tend to be poorly received because of that bad reputation.

I agree that that is often how it plays out. I think it is because of differences of opinion, rather than reputation.

The 9th circuit is where the few actual liberals in the federal judiciary have concentrated, and their work often doesn’t fare well in a conservative/centrist SCOTUS.

There is certainly no justice on SCOTUS who is a liberal version of Scalia.

6 Political Atheist  Sat, Mar 9, 2013 5:03:51pm

re: #2 Dark_Falcon

Good point, I just should recognize the win as I do bitch and point out where I see things going awry with our civil protections. If it goes wrong further up I’ll surely Page it and have a bit to say.


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