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1 Charles Johnson  Mon, Nov 18, 2013 9:57:43am

The constitutionality of government agencies collecting metadata has been settled law for many years - it isn’t surprising that the Supreme Court wouldn’t hear the case.

2 jvic  Mon, Nov 18, 2013 9:59:29am

This doesn’t feel right. Whatever the ultimate merits of the situation may turn out to be, its potential implications, potential precedent-setting, and current impact on public opinion call for more than a Meh from SCOTUS.

At the very least they should have explained why they refused to hear the case.

(That another LGF post just touched on the SCOTUS nonintervention is an indication of the issue’s significance )

3 Political Atheist  Mon, Nov 18, 2013 11:12:04am

re: #1 Charles Johnson

Not really, as in how it’s been done lately. Please do note the point about relevance to an investigation. Sensenbrenner has a big point-The way its interpreted goes far beyond the authors intent.

I would add that many things go wrong in the law for years. Years is sometimes what it takes to get the fix done. And the feeling of urgent threat is gone. That was the atmosphere in which so much changed for the better, and worse as far as anti terror efforts go. Sometimes only the legislature can do it, sometimes the courts.

I think if you review exactly why the ACLU differs from your might see my point. The petition itself makes the best case.

I urge those who disagree with me to look it over.

4 Dark_Falcon  Mon, Nov 18, 2013 3:15:58pm

The Supreme Court did not say that the metadata could not be challenged, the NSA’s lawyers said that. What the Supreme Court said was that it is not the court of original jurisdiction in matter. The ACLU has to file a suit in federal court and that suit must go through the proper process before the Supreme Court will look at it.

The Supreme Court acted on procedural, not substantial, grounds.

5 mr.JA  Tue, Nov 19, 2013 7:12:36am

re: #1 Charles Johnson
Not really. I cannot remember a single SCOTUS ruling ok-ing the collection of large-scale metadata by the NSA. By no means this is ‘settled law’, at least as far as the SCOTUS is concerned.

re: #4 Dark_Falcon
But there’s a trick - the federal government also suggested in their briefs that EPIC might not have jurisdiction in federal court, effectively creating a catch-22. So the government is suggesting here that they’ve made a law that can, by some loopholes, not be challenged in any court… This would be plainly wrong and not really a showcase of a constitutional republic.
If the government is really sure that collecting metadata is ok under the 4th amendment, then they shouldn’t pussy-out and try to avoid review by a court.


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