Posted by Curt on 26 September, 2007 at 10:01 pm. 5 comments already!

Orin Kerr:

District Judge Ann Aiken of the United States District Court in Oregon has just handed down a surprising opinion striking down parts of the Foreign Intelligence Surveillance Act, and specifically 50 U.S.C. §§ 1804 and 1823, as facially unconstitutional under the Fourth Amendment.

I would add:

Federal Judicial Service:
Judge, U. S. District Court, District of Oregon
Nominated by William J. Clinton on January 7, 1997

Just another opinion that will be overturned once again by the Supreme Court.  We all know the 9th won’t overturn it but the Supremes will.


Orin with his thoughts on the ruling:

My tentative bottom line: I found Judge Aiken’s decision unpersuasive on the question of Article III standing. On the merits of the Fourth Amendment issue, I think the law is just too murky to call this one way or the other: Judge Aiken’s result appears plausible, although so does the contrary result embraced in 2002 by the Foreign Intelligence Court of Review.

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