17 Dec
2003
17 Dec
'03
11:17 p.m.
Declan McCullagh writes: : I won't comment on Tim's second possibility, but the amendment added to : SAFE today by one committee //prohibits// judicial review. So much for the : Supremes likely to strike it down. That prohibits---and can prohibit---only review under the Administrative Procedure Act. It cannot prohibit, and is not likely to inhibit, review of Constitutional Claims. (The ITAR and the EAR are not ``reviewable'' either; which did not stop Judge Patel in _Bernstein_ from deciding the constitutional question.) -- Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH EMAIL: junger@samsara.law.cwru.edu URL: http://samsara.law.cwru.edu NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists