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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