Re: US govt surveillance protected by Catch 22
The judges might have liked this standing excuse just fine. From the
NYT’s account:
Cass R. Sunstein, a law professor at the University of Chicago,
said courts often relied on doctrines like standing “to avoid
entering into politically hot controversies.”“This, for at least two of the judges, was a very sensitive,
substantive issue,” Professor Sunstein added, referring to the
legality of the N.S.A. program, “which, once they get into it, is
an uphill fight for the government.”
I guess this means the gov had a weak case on the merits, but the
judiciary doesn’t want to challenge executive power on “national
security,” so they punted. No wonder the bourgeoisie loves the courts.
Doug