Top Court Asked to Stop NSA Surveillance
Source: CNN
updated 5:12 PM EDT 07.08.13
Top court asked to stop NSA surveillance
By Bill Mears, CNN Supreme Court Producer
Washington (CNN) - The U.S. Supreme Court is being asked to stop the National Security Agency's surveillance of domestic telephone communications data.
In an emergency appeal filed Monday, a privacy rights group claimed a secret federal court improperly authorized the government to collect the electronic records, and said only the justices could resolve the statutory issues at stake.
The Electronic Privacy Information Center filed its petition directly with the high court, bypassing the usual step of going to the lower federal courts first.
Such a move makes it much harder for the justices to intervene now, but the privacy group argues "exceptional ramifications" demand judicial review now.
Read more: http://www.cnn.com/2013/07/08/politics/nsa-supreme-court/index.html
grasswire
(50,130 posts)If the court were to hear the appeal and decide against the EPIC, then all of these current practices would be constitutional and lawful.
Not knowing anything about the EPIC, I find this very frightening.
JDPriestly
(57,936 posts)We shall see. The wheels of justice move slowly.
indepat
(20,899 posts)the Constitution of the United States on its face. Surely no Justice would be so brazen as to be a party to such a decision.
Agnosticsherbet
(11,619 posts)So their decisions can not violate the Constitution since they are the only official interpreters. All the people can do is to amend the Constitution. Ultimately the 13th and 14th amendment were necessary to overturn Dred Scott v. Sandford (1857).
indepat
(20,899 posts)wrong, on its face, not on its face.
tularetom
(23,664 posts)there is a definite conflict of interest. The Supreme Court has a pretty good sized dog in this fight.
IMO the only constitutional way to stop this surveillance is through legislative action. Or extreme direct political pressure on the administration to knock this shit off.
marions ghost
(19,841 posts)I guess it could put the SC on the spot. Maybe it's just for show.
grasswire
(50,130 posts)Requesting that the court rule on constitutionality of the Surveillance State is very risky. Riding the ragged edge of destruction.
Mosaic
(1,451 posts)It could end the surveillance state permanently. And we will all celebrate that hugely.
grasswire
(50,130 posts)Agnosticsherbet
(11,619 posts)and existence of all courts except the Supreme Court. So, if anyone owns the FISA Court, it is Congress who created it as written by Senator Edward Kennedy in 1977 and repeatedly amended by many Congresses since that time, overseen by Democrats and Republicans.
tularetom
(23,664 posts)If it is (and that's what I've heard recently) then it really isn't Congress that runs the court. It's SCOTUS, actually the SCOTUS Chief Justice that pretty much controls the FISA court.
I suppose that Congress could amend the legislation that created the court in order to transfer appointment power to the executive branch but that isn't likely to happen in the current scheme of things.
warrprayer
(4,734 posts)Jack Rabbit
(45,984 posts)Fat Tony ate the chance.
BornLooser
(106 posts)to grant certiorari...or not. Doubts? Oh Yea.
cheapdate
(3,811 posts)Any decision from this court will be 5-4 in favor of the government. I applaud the effort of the Electronic Privacy Information Center anyway.