Judge Finds That NSA Domestic Spying Likely Unconstitutional

3 Comments

  1. mesaeconoguy:

    Shocker!!!

    Which appeals court gets to overturn this, to save face for our out-of-control surveillance state?

  2. mlhouse:

    As I have stated previously in this forum, it is the second piece of the statement that is the most powerful for finding this unconstitutional. The US Constitution is purposefully vague for a reason. Notice that the 4th Amendment does not prohibit searches. It only prohibits unreasonable searches. Thus, when making a determination of what is reasonable its value must be considered. This judge found that the information does little to enhance our national security.

    The design of this record search was ill conceived from the beginning. Data, without targeting, just creates storage problems. A more defined NSA record search could potentially be valuable and the courts would no doubt consider that to be a reasonable search.

  3. Nehemiah:

    Its the 4th Circuit, Obama's first under the new Senate rules eliminating the filibuster for lower court appointments. Another progressive judge with 55 aye votes.