Word: taylorism
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...Sure, Judge Taylor struck down the program, dealing a third judicial blow to the President's claim of expansive war powers. The opinion comes two months after the Supreme Court rejected the Administration's version of "due process lite" for detainees at Guantanamo Bay, and a month after a San Francisco judge allowed a lawsuit against AT&T for allegedly collaborating in the eavesdropping program...
...Taylor's opinion is remarkably thin on legal reasoning, leaving it vulnerable to getting reversed by the generally conservative Sixth Circuit Court of Appeals. Worse, the opinion's provocative, almost dismissive, language gives weight to criticism that this decision was more about politics than...
...powers not created by the Constitution." Or this one: The President's orders "violate the Separation of Powers ordained by the very Constitution of which this President is a creature." Good stuff, but not the kind of measured legal arguments that can persuade an appellate judge to agree with Taylor's decision...
...Fourth Amendment). And some searches don't require warrants, as when a customs agent takes a look in your bags when you cross the border. Does the eavesdropping program fall into an exception to the warrant requirement? Does it cover the couple in Peoria? We don't know, and Taylor didn't tell us. She just said that it "obviously" violates the Fourth Amendment, and that's not much of a reason...
...else, has the power in a time of war to protect national security through eavesdropping. Bush said he does for two reasons: because Congress gave him that power in authorizing him "to use all necessary and appropriate force," and because he has it anyhow as the commander-in-chief. Taylor said he was wrong on both counts. But she said so near the end of the 44-page opinion, and by that point may have been too exasperated with the Administration to tell us exactly...