A weak legal decision on NSA eavesdropping

Unfortunately, it's beginning to look as though Judge Taylor's decision is weak. Here's what Publius has to say about it. (Read the whole thing for the details).

I’ve been really busy at work, and I haven’t had that much time to look over the NSA opinion, so what I’m about to say may be subject to change when I get a better grasp of the procedural history. [ed. You left one corner of your ass uncovered there buddy. Me: I uncover it by the end.] But based on my initial reading, this opinion is an atrocity. I hate to say it because I’m sympathetic to the result, but from a legally technical standpoint, this opinion is premature, unsupported, and in violation of elementary civil procedure.

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You know, I really hate to be this harsh, particularly given that the Malkin/Limbaugh hyenas are going to attack the judge. But this is not how you do this. I think the NSA program is illegal too, and my sympathies for the administration are fairly well known. But this sort of opinion plays right into the hands of conservative critics who say liberal judges play politics. I don’t think “liberal judges” do, but this one did.

This is pure naked politics dressed up as law. It is an insult to the legal system. And the Sixth Circuit is going to squash it like a bug.