A Moral Victory After A Crippling Defeat

Nearly eleven months ago, a Stalinist federal judge, hand-picked by the American Communist Lackeys Union, ruled, based on nothing more than her extremist whims, that the NSA terrorist surveillance program was unconstitutional. As a consequence, despite the fact that the public calls for common-sense profiling, a domestic "spy" agency like Britain's MI5, and even "torture" in a situation where thousands of lives are in imminent peril are - or were a year ago - becoming deafening, the NSA terrorist surveillance program was shut down.

Last Friday, in as eptimous a pyrrhic victory as has ever been, a three-judge panel of the Sixth Circuit Court of Appeals threw out Anna Diggs Taylor's misruling, based on the preposterous ACLU argument that they had "standing" to sue under both the Fourth AND First Amendments:

A federal appeals court Friday ordered the dismissal of a lawsuit challenging President Bush's domestic spying program, saying the plaintiffs had no standing to sue.

The 2-1 ruling by the 6th U.S. Circuit Court of Appeals panel vacated a 2006 order by a lower court in Detroit, which had found the post-September 11 warrantless surveillance aimed at uncovering terrorist activity to be unconstitutional, violating rights to privacy and free speech and the separation of powers.

U.S. Circuit Judge Julia Smith Gibbons, one of the two Republican appointees who ruled against the plaintiffs, said they failed to show they were subject to the surveillance and therefore do not have standing for their claims.

Now do you better understand why the libs want to empty Gitmo? They'll need actual jihadis who HAVE been subject to NSA surveillance to serve as their next "plaintiffs." Allahu Akbar, indeed.

Note that the appellate court decision was not unanimous, however:

U.S. Circuit Judge Ronald Lee Gilman, a Democratic appointee, disagreed, saying he felt the plaintiffs were within their rights to sue and that it was clear to him that the surveillance program violated the Foreign Intelligence Surveillance Act of 1978.

Judge Taylor, in other words, wasn't an isolated kook. She is, rather, just like Judge Gilman, in the mainstream of Stalinist judicial oligarchism, rooted in left-wing ideological extremism rather than the Constitution and the rule of law.

Will the ACLU appeal to the SCOTUS? I'd be flabbergasted if they didn't, even though the inspiration for their suit is already defunct, and the American people are much less safe because of it. When it comes to the defeat and destruction of America, the word "quit" is not in the Left's vocabulary.