Judge rules NSA unconstitutional

Originally posted by no1marauder
(Shrug) That's the argument that will be presented to the SCOTUS in a couple of years. Based on their prior standing cases, they will most likely accept it IMO.

In Clapper the very likely probability that plaintiff's actual communications would be intercepted was found to be insufficient to grant standing. That degree of possible intru ...[text shortened]... it; in general the conservatives have used standing doctrine to avoid such difficult questions.

I think Alito finds standing based on Jones. Btw, are you deliberately misspelling Alito's name?

Originally posted by MoneyManMike
I think Alito finds standing based on Jones. Btw, are you deliberately misspelling Alito's name?

No. I'm in a rush; stop nitpicking.

Originally posted by no1marauder
Snowden's revelations do not change standing doctrine. In a more recent case the government has claimed:

Because the ACLU cannot prove that any of its employees were surveilled under the program, they have no right to sue under a legal concept known as standing.

“Indeed, the chances that their metadata will be used or reviewed in a query are so spe ...[text shortened]... r,” the government wrote.

http://www.wired.com/threatlevel/2013/07/spygate-snooping-standing/

In short, anything that brings the Federal government power will be upheld and anything opposing it will be crushed.

There, that was easy. 😵

Possibly the most likely scenario given the political headwinds is that Congress and/or the Executive Branch severely limits the use of "megadata" searches by the NSA by statute or regulation. And the SCOTUS then finds the present cases moot.

Originally posted by no1marauder
Possibly the most likely scenario given the political headwinds is that Congress and/or the Executive Branch severely limits the use of "megadata" searches by the NSA by statute or regulation. And the SCOTUS then finds the present cases moot.

Or judge Roberts could declare it a tax. 😵

I just love our federal stooges.