Sunday, January 15, 2006

"DOJ letter fails to offer a plausible legal defense of the NSA domestic spying program"

...say those who ought to know.

1 comment:

t.s. said...

The problem with this area of law is that there's just not a lot of precedent out there to draw on. I don't know that I disagree with all of those luminaries, but the proper scope of the powers the President is claiming under Article II just aren't litigated very often, so courts don't get to address them much. Everyone is out there talking about Youngstown Steel, but the case is fifty years old and deals with control of the steel industry, and the decision everyone is talking about is a concurrence.