Friday, October 26, 2012
Man in Black
Faced with a decision about whether the Supreme Court could even hear a case about warrantless federal spying and whether anyone could even challenge a law that allows the federal government to spy on its citizens without judicial warrants, perhaps the most conservative Supreme Court Justice, Antonin Scalia, opined that some laws are now beyond judicial review. “We’ve had cases in the past where it is clear that nobody would have standing to challenge what is brought before this court,” he said. “That just proves that under our system of separated powers, it is none of our business.” Plaintiffs lack standing because all evidence is concealed as secrets of state: the court will not or cannot compel evidence. So, according to perhaps its most conservative Justice, it is "none of (the Supreme Court's) business" to check warrantless federal spying.
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