6th U.S. Circuit Court of Appeals Plays Politics with Justice

Last Friday, the 6th U.S. Circuit Court of Appeals dismissed a frivilous lawsuit brought by the ACLU against the NSA for it’s domestic terrorist surveillance program.

Is that a good or a bad thing?

It’s a good thing, because the lawsuit had no legal grounds. The plaintiffs had no grounds to bring the suit, as they were not subjects of NSA surveillance.

It’s a bad thing, because the actions of the NSA probably did violate the Foreign Intelligence Surveillance Act of 1978.

It’s a good thing, because this is an issue which should be resolved by the legislative process — not the judicial process.

It’s a bad thing, because the decision was made purely on party grounds. The two Republican judges found for the NSA and the one Democratic judge found for the ACLU.

It’s a good thing, because this decision may make it easier for our government to protect us against terrorist attacks.

It’s a bad thing, because this decision may make it easier for our government to invade our privacy.

Like many political issues, this one is far from black and white. We may never know with any reasonable degree of certainty if this decision had, overall, a positive or negative impact on personal freedom.

Read the entire decision in American Civil Liberties Union et al. v. National Security Agency et al.