Sunday, February 12, 2006

Standing in Court...

As I watched the Sunday news shows, with a special ear to what Intelligence Committee Chairman Pat Roberts of Kansas said, one consistent idea seemed to emerge.

Unless the Courts rule that FISA is constitutional and the president must obey the rule of law, all the gnashing of teeth notwithstanding, Bush will ignore the law.

As several panel members pointed out, even if Sen Arlen Specter of Pennsylvania introduces a bill to ask FISA judges to rule on warrantless eavesdropping, and both the Senate and House pass the bill, the president will likely veto it, and that will be that.

Moreover, regular Americans cannot ask the Courts for relief; it's a secret program and no one knows if they've been a target of spying, so how can one claim to have been harmed? In other words, no one has legal standing before the Courts.

Yes, we're all going to hell in a handbasket, it seems; no judicial remedy for resolving this constitutional outrage.

But..., "No tan rápido, señor!"

What if someone from Congress, oh, like Rep. John Conyers of Ohio from the Judiciary Committee, filed a motion in court...?

As a member of the body constitutionally authorized to not only legislate, but oversee and ensure laws are followed, would not Conyers have standing before the Courts...?


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