I’m sure I’m stepping into intellectual muck with this, but why should that stop me? This ruling seems absurd:
The Bush administration can continue its warrantless surveillance program while it appeals a judge’s ruling that the program is unconstitutional, a federal appeals court panel ruled Wednesday.
Obviously, the Bush administration’s claims of harm from terrorism should this surveillance program be scuttled (temporarily, at least) have some merit. However, is it too unreasonable to put a halt (
permanently temporarily, at least) to the warrantless part of it? Unless the court intends to find that the Fourth Amendment doesn’t cover government action if the spooky people threaten us, I don’t understand why forcing the Bush administration to use existing FISA wiretapping provisions that allow for retroactive warrants would be unreasonable.
The Bush administration’s legal “reasoning” is what’s new here, not the Fourth Amendment. The administration should have to prove itself, not receive a temporary reprieve from obeying the Constitution.