07-13-2006, 01:26 PM
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#2
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Experienced Starter w/First Big Contract
Join Date: Dec 2005
Posts: 6,543
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Re: Deal worked out..sort of...
The whole settlement is bogus and will hopefully be blocked by the courts. The Foreign Intelligence Surveillance Court (FISC), being a full Article III court, should not even be allowed to give what amounts to an advisory opinion (per Article III's actual controversies provision, see Muskrat v. United States). The way for a court to review a law is when an actual controversy arises under the law and an injured party has standing to sue.
Of course FISC has been giving out advisory opinions since its creation and has uncomfortably blurred the line for what constitutes an Article III court.
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