This is not the most scholarly opinion ever. It has argumentative holes in it in several important places. But it is correct in its result and it is an enormous victory for the rule of law. It took real courage for Judge Diggs Taylor to issue this Opinion and Order -- it is hard to overstate how much courage it took. It will obviously be appealed. But as of right now, it is illegal, according to this federal court, for the Bush administration to continue to implement its "Terrorist Surveillance Program," and since it is grounded in constitutional conclusions, nothing -- such as Arlen Specter's dreaded bill -- could change that.Mr. Greenwald also has a wrap-up of the right-wing reaction that runs the gamut from liberal-bashing to calls for the judge's assassination.
...so far we have - (1) the Judge was appointed by Jimmy Carter; (2) the Judge is African-American and works on "civil rights" matters; (3) she is insane; (4) she does not take terrorism seriously; (5) this is a victory for the terrorists; (6) President Bush should defy the Order. That's a predictable enough beginning, but the smear machine is going to have to work a little harder, because that is not all that impressive of an attack so far. I recommend the Free Press profile -- read that and decide if her abilities and fairness can be legitimately demonized.Legitimate or not, the righties will demonize her no matter what. They can't do anything else. The Party of Smaller Government, More Freedom, and the Rule of Law can't win on points, legal or otherwise, so they resort to the tactic they're best at: they throw a tantrum.
This case will end up at the Supreme Court. The way the timing of these things work means that it will probably be heard just as the Bush administration is packing up to leave town. It would be a fitting and just coda for the folks who came in at the behest of the Court should go out with another ruling from the Court.
