The ACLU has prevailed at the district court level in its lawsuit against the NSA’s domestic wiretapping program. Presumably, the ruling will immediately be appealed.
The ruling caught me by surprise; I’d gotten used to the courts shying away from confrontations with the Bush administration over civil rights. I’m glad to see the judiciary taking a more assertive posture. Of course, in an ideal world, striking down the program would have been a foregone conclusion.
The judge sided with the government on the NSA’s other secret program, the one that data mines calling records. I tend to think that program is illegal too, although as Orin Kerr argued back in May, it’s not as clear-cut.
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