Speculating on the courts

Many liberal commentators and virtually all conservative ones are saying that Anna Diggs Taylor's opinion in ACLU et al v. NSA et al is certain to be overturned in the Sixth Circuit. Publius has more on his reasons here.

My question is just what and how the Sixth Circuit will overturn the opinion. I'm no expert on this stuff, but here are some random thoughts. The most devastating outcome would be if they conclude that Judge Taylor (and Judges in general) had no right to question the government's claim to the state secrets privelege. That would effectively stop any trial against this government in its tracks. Less devastating, but still bad, would be a decision that said Taylor erred in assessing the government's state secrets claim and that the evidence reviewed by the judge did not support her conclusion. This again would stop this trial in its tracks, but it might allow other litigation against the government to continue. Another possibility is that the Appeals Court would take issue with Taylor's conclusion that the plaintiffs had standing to bring this case. Once again, that would stop this trial in its tracks.

Far better, from my perspective, would be a decision that said summary judgment was premature and that a full trial on the merits should go forward. Somehow, I doubt that's where this will end up. Time will tell.

By the way, if this thing should end up getting to the Supreme Court while Bush is still in office, do you suppose there will be a convenient accidental death of one of the more liberal Supreme Court justices?