Who represents the detained? Nobody...
Declan McCullagh
declan at well.com
Tue Oct 16 21:44:07 PDT 2001
On Mon, Oct 15, 2001 at 06:50:46PM -0700, Luthor Blisset wrote:
> Incedentally, I wonder if the USA Bill will get overturned by the
> Supreme Court anytime soon... Naaaa... Gr.
On what grounds? What arguments would you lodge against the eavesdropping
and wiretap sections? Fourth Amendment?
This is not an idle question; I'd actually be interested in pointers to
analysis on the subject. But just as the Supremes have failed to strike
down many unconstitutional laws, I suspect they can find a way to avoid
having to do that (so much jurisprudence is devoted to how striking down
laws by the judiciary should be a measure of last resort).
-Declan
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