The NSA Surveillance Opinion

by Jonathan H. Adler

Judge Anna Diggs Taylor’s opinion striking down the National Security Agency’s domestic surveillance program is receiving quite negative reviews.  Even experts who largely agree with the result, and who believe the program is illegal if not unconstitutional, are unimpressed with her handiwork.  Yale Law School professor Jack Balkin, for example, called the opinion “disappointing” and “a bit confused.”  GWU’s Orin Kerr was even less impressed with Judge Taylor’s Fourth Amendment analysis, finding much of it incomplete, and some of it simply incorrect.”  Defenders of the NSA program are even less charitable.  Whatever happens on appeal, it is safe to say that little of Judge Taylor’s reasoning will remain intact.

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