DOJ: 25, ACLU: 1

It seems as if at least one member of the federal judiciary is finally crawling out from under her desk to wag her finger at the administration for its totalitarian program of random unauthorized surveillance of American citizens. District Judge Anna D. Taylor of Detroit Michigan proved that the third “co-equal” branch of the government can do more than throw an election for the Republicans. Taylor, 75, was obviously, not appointed by a Republican.She has been on the Eastern District of Michigan bench since 1979. Appointed by President Carter, she became one of the first African-American women to sit on a federal court.

In a lengthy opinion, surprisingly devoid of emotion, Judge Taylor found that the Surveillance program was a clear violation of the Fourth Amendment and that despite Congresses deferring to the Executive by the creation of the FISA Court and by allowing the President great latitude to fight the war on terror, “ all of Congress’s concessions to Executive need and to the exigencies of the present situation as a people have been futile”. The President, she noted, is created by the very same Constitution which also includes the Fourth Amendment.

Judge Taylor then goes on to find that the surveillance program is also unsustainable under the First Amendment the FISA enabling statute clearly states that that no American is to be considered an agent of a foreign power solely on the basis of activities protected by the First Amendment, like speaking on the telephone.

She further declared that the program "violates the separation of powers doctrine, the Administrative Procedures Act, the First and Fourth amendments to the United States Constitution, the FISA and Title III." As much as I’d like to continue to parse the decision and comment on her arguments more I just had a horrible flash-back to law school and I better stop now before my brain explodes.