The First Step in Overturning Judge Anna Diggs Taylor
Court Allows NSA Wiretapping Program to Continue During Appeal
Decision stayed while the government appeals! Thank goodness.
The unanimous ruling from a three-judge panel of the 6th U.S. Circuit Court of Appeals gave little explanation for the decision. In the three-paragraph ruling, judges said that they balanced the likelihood an appeal would succeed, the potential damage to both sides and the public interest.
I think Judge Diggs Taylor’s ruling is going to be overturned very shortly.
Posted by COgirl
October 4th, 2006 at 5:11 pm
It’s just a shame this ruling can’t be followed with a skywriter or a banner reading ‘this ruling is just stupid - did the judge make it to law school?’ over her courthouse.
October 4th, 2006 at 5:59 pm
NSA Surveillance Allowed To Continue
Well, here is some good news out of the 6th Circuit Court of Appeals staying the lunatic ruling from Judge Anna Diggs Taylor. I’m sure it will not take long for the ACLU to make a press release expressing their disappointment. I’ll let y…
October 4th, 2006 at 6:20 pm
This is more signifant than you may realize. The Courts perform what’s called a “balancing test” on these types of cases. An essential element of the “balancing test” is whether the party is likely to prevail on the merits at a future hearing. This decision means the 6th Circuit has determined there’s a substantial likelihood the District Judge’s decision will not be upheld. Of course, oral arguments could change the mind of the 6th Circuit, but there will not be any new testimony. The appellate record is now fixed and nothing more can be added except arguments of the attorneys, and arguments of the attorneys are NOT considered evidence.
October 4th, 2006 at 6:41 pm
David, thank you so much for the comment. I had not appreciated how significant that stay was.
This is indeed very good news.