Friday, February 27, 2009

Sacré bleu


Oh dear, the sacred blue sky is falling. Obama's Harvard Law Review arguments didn't hold sway with a federal appeals court in California.

Washington Post reports the "administration...[has] lost its argument that the state secrets privilege is a good enough reason to stop a lawsuit over the government's warrantless wiretapping program."

And like the bruised, battered wife with a million dollar bracelet from hubby, neither jewels nor presidency trump the rule of law; the show must go on.
A federal appeals court in San Francisco...rejected the Justice Department's request for an emergency stay. The Obama administration, like the Bush administration before it, claimed that national security would be compromised if a lawsuit brought by the U.S. chapter of an Islamic charity was allowed to proceed.

Comments:
Great post!

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Absolutely, the more the merrier. Plus I like your links.
 
I wouldn't be too sanguine about this ruling: the Ninth Circuit is that most frequently reversed by the Supreme Court. My first victory there came in a case which didn't even warrant plenary review (i.e., the Court vacated and remanded on the cert. petition alone). Frequently, the Court will reverse in 90% or more of the Ninth Circuit cases it accepts in any Term (as opposed to 65% generally).
 
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