Liberally Conservative

"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free....... ~Ronald Reagan~

Thursday, August 17, 2006

Federal Judge Ruling is Warrantless

U.S. District Judge Anna Diggs Taylor in Detroit became the first judge to strike down the National Security Agency's program, which she says violates the rights to free speech and privacy as well as the separation of powers enshrined in the Constitution.
xxx "Plaintiffs have prevailed, and the public interest is clear, in this matter. It is the upholding of our Constitution," Taylor wrote in her 43-page opinion. (pdf)
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The American Civil Liberties Union filed the lawsuit on behalf of journalists, scholars and lawyers who say the program has made it difficult for them to do their jobs. They believe many of their overseas contacts are likely targets of the program, which involves secretly listening to conversations between people in the U.S. and people in other countries.
xxx The government argued that the program is well within the president's authority, but said proving that would require revealing state secrets.
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In the world of the ACLU, Judge Diggs and Ruth Bader Ginsburg we suppose terrorists and the potential of terrorist attacks is trumped by the misguided Liberal views. We maintain, Liberal thinking is completely illogical, based on a "rights for everyone" mentality even when those rights support the ilk and "blame America first."
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Conservative thinking, on the other hand, will hope this ruling lands on its head on the way up through the court system.
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Here is a profile of Judge Diggs, which help her explain thinking that doesn't correspond with polls, American citizens and terrorism.
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From the Detroit Press:
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Taylor is a liberal with Democratic roots and defended civil-rights workers in the South in the 1960s, people who know her say she will follow the law -- not her politics -- in deciding the case.
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"She'll rule based on what the law requires, not on what people perceive her biases to be," Southfield lawyer Harold Pope III said last week. Pope is a former president of the National Bar Association, a prominent black lawyers' group.
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Unable to get a job as a lawyer at New York or Washington, D.C., law firms -- a near impossibility for black people, especially women, in the 1950s -- Taylor turned to the Solicitor's Office of the U.S. Department of Labor. She became a lawyer there with the help of J. Ernest Wilkins, then assistant secretary of labor and the first black person appointed to a subcabinet post. He also was a friend of her father's. (Apparently nepotism is not a problem for Judge Diggs)
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In 1979, three years after she campaigned for Jimmy Carter's presidential bid, Carter rewarded Taylor with a lifetime appointment to U.S. District Court in Detroit.
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Judge Diggs ruling will likely sink faster than the Titanic. The paper added:
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Even if Taylor harpoons the spying program, experts said, the decision likely would be overturned by the U.S. 6th Circuit Court of Appeals.
xxx "Given the composition of the 6th Circuit and its previous rulings in related areas, it seems more likely to favor national security over civil liberties if that issue is squarely presented," said Carl Tobias, a law professor at the University of Richmond in Virginia. "And that's what this case is all about."

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