Government shows its hand...good news!
Peter D. Junger
junger at upaya.multiverse.com
Wed Sep 10 02:51:01 PDT 1997
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 at samsara.law.cwru.edu URL: http://samsara.law.cwru.edu
NOTE: junger at pdj2-ra.f-remote.cwru.edu no longer exists
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