still more on ACLU v. NSA
Lawrence Tribe addresses criticism of Judge Taylor’s ruling in ACLU v. NSA here, and Glenn Greenwald has more to say here:
The significance of Judge Taylor's ruling lay not in the quality of her judicial opinion (which everyone gets to feel really smart by demeaning), but instead it is the resounding rejection of the extremist and dangerous theory that the President, because of the "war" we are fighting, has the right to operate without constraints of any kind, including those imposed by the Constitution and Congressional statutes. On that key issue, the court's analysis was correct and even powerful.
I think it’s safe to predict that we’ll be discussing this case—and its appeal—for quite some time.