Saturday, July 07, 2007

Catch-22 if you can...

As I was concerned would happen, the Federal District Court of Appeal ruled that people who had strong reason to believe they were being wiretapped without any constitutional safeguards could not proceed with their litigation against the government because they lacked "standing."

As I have written here, "standing" is an issue courts use on their way to granting rights to people they want to help and denying rights to people they don't want to help. There is little in the way of consistency or sadly integrity in too many decisions that turn on "standing."

Here, the professors and others who brought suit had a strong reason to believe they were victims of wiretaps without constitutional authority. However, "national security" rules prohibited allowing them to confirm if they were being tapped. Then, when they sued the government to determine if they were being spied on, the Court said, without the information, they have no right to sue. A perfect Catch-22.

(Edited)

2 Comments:

At 7:08 AM, Blogger patsy said...

i would like to know what do you think of al gore?

 
At 5:19 PM, Blogger Mitchell J. Freedman said...

Al Gore unleashed is my favorite politician right now. I wish he would run for president for 2008.

By "unleashed," I mean finally free of corporate and rightward advisers on economics, politics in general, and foreign policy. Al is finally channeling the best of his father's New Deal oriented politics.

 

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