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Bench Memos

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NYT Goes Overboard on NSA Decision



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The New York Times is thrilled with Judge Taylor’s decision striking down the NSA surveilance program. In their rush to praise the decision, however, it seems the Times’ editorial writers went a bit overboard, calling it a “careful, thoroughly grounded opinion” and claiming it “eviscerated” the primary arguments made by the Bush Administration. Yet as Eugene Volokh notes, the opinion did nothing of the kind, and has been criticized by those who support the outcome. The editorial is prima facie evidence of what many of us have claimed for some time: The Times’ editorialists care far more about policy outcomes than they do about legal reasoning .



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