So there’s a little update on Electronic Freedom Frontier’s suit against the Telcos. I bet you thought that lawsuit died when Congress passed the retroactive immunity provisions in the FISA bill, didntcha? [doG, I'm starting to use Palinisms. Please just kill me now.]
Oh, but first the good news, it seems our intrepid plaintiffs have not given up and continue to press their suit in the face of the government telling them there is a magic wand that the Attorney General can wave that ,"poof," means judges don’t get to decide these cases any more.
"In essence that gives the attorney general carte blanche to immunize anyone." Walker said, wondering what odd creature Congress had fashioned. "What other statute is like this statute?"
Yes, dear firepups, the judge in this case, has noticed that just maybe, the new law is, dare I say it? Unconstitutional.
Much of the arguments focused on whether Congress violated the separation of powers doctrine; whether the fact that the EFF could and is suing the government over the spying makes immunity constitutional, and the legality of a provision that lets the attorney general give immunity to companies that didn’t even help with the spying.
It seems pretty clear from the reporting to date, that Judge Walker is not just going to rubber stamp what the Bush administration or even Congress sends his way. Nope, he is going to act like a member of a co-equal branch of government and actually ANALYZE the statute, to see if it passes constitutional muster.
So, folks, let me stand and applaud the power of one. One man who is not shirking his responsibility. One man who is not doing the lazy thing, the easy thing or the expedient thing. I don’t know how he will eventually rule, and the outcome may disappoint me. But in this instance, I think I will be satisfied that the decision was actually reached on its merits. That’s been too rare in recent years.
Related posts:
- Holder Refuses to Stand by Statements Saying Violating FISA Breaks the Law
- Breaking! Judge Walker Gets Ready to Penalize the Government in al-Haramain
- House Judiciary Committee to Propose PATRIOT and FISA Reforms
- BREAKING: Vaughn Walker Dismisses Challenge to Retroactive Immunity
- Warrantless Wiretapping: Vaughn Walker’s Chess Game
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Wooooohooooo
Hurrah for Judge Walker! Thank you, sir. And thanks, LHP for keeping us educated.
How are you feeling, katymine? Better, I hope…
The DOJ has an Assistant Attorney General for Magic and Smoke Screens.
W00t! Tahnks for the good news, lhp.
Is it a quiet night at the lake?
“doG”? D’oh God? Sorry, but if you’ve ever explaind this before, I missed it.
getting stronger everyday…… going back in for series two on Monday Dec 8th…. this time we know what works on the side effects and what to watch for…… going for another 12 doses and will try to break that record too….
Hi katymine and Loo Hoo! How’s stuff?
It’s been quiet across the blogosphere, far as I can tell. Maybe folks are exhausted after the election. Personally, I’ve loved not getting all the emails requesting donations.
But…it’s time to think again about donating to our heroic blogfolks. A push after Christmas?
Bummer that we have a senator chambliss, otherwise things are looking up!
wishing you strength and victory, katymine
Amen, preach it, LHP!
Good news.
Can you give us some background on Judge Walker, lhp?
Thanks.
This is the kind of American that Profiles of Courage was written about — one man, one truth, against many.
Go katymine. You are heroic! Big hugs. Thanks again for all the toll free numbers you gave us to contact our critters. I’ve got the capital switchboard on my phone: 1-800-828-0498.
My new oncologist is near ecstatic about how well I responded …… he said that better I tolerate the drug the better the result……
Ahem. Ladies and gents..Digg is open for your edification..
Superwoman!!!!
Incurable cynic reporting for duty:
I hope that Judge Walker isn’t just doing his best Arlen Specter imitation – you know – “This law is awful. Ridiculous. An affront to the Constitution.”
“However……”
The idea that the Rule of Law™ just might exist again……
lhp – is there an audio file of today’s hearing? i’d love to listen to the oral arguments.
excellent! sounds like you and the pacmen make a good team.
Hwy Teddy! The doughy pantload is all upset about how the LDS are getting picked on. He’s really so upset.
An ugly attack on Mormons
Are you sure the title isn’t: An Attack on Ugly Mormons?
You are a trooper. Deep respect for you here.
That was so revolting I couldn’t finish reading it. Doughy.
Well, it is the doughy pantload who is writing it. stupidly.
hmmm…i wonder if a certain constitutional lecturer figured this out….
Katymine -**smooches and hugs** sending strength your way.
I don’t think we need worry about a Pulitzer ever making its way to him.
Here’s your chair, right next to me ;-)
Hurray for Katymine! I have been thinkin’ about you, girl.
All hail katymine!
To arms! The Doughy Pantload is under attack!!
I’m so tired of these rightwing douchebaggians.
-G
I thought the new term was douche nozzles. Get with it, GregB!!
Gotta give Wonkette credit for funnybusiness!
Did I miss the new homeplate?
OT
Small things make a big difference. I got my wood stove fixed today. It’s the only heat in my kitchen (keeping kitchen door open helps with heat from rest of house). It’s pumping away now & all is nice & toasty.
Not please kill me.
Say, “Lord just lay me down.”
What Yank prisoner said upon being told that the grimy old man sitting next to the campfire was Stonewall Jackson.
He’s the worst kind of idiot.
I made it a policy long ago never to worry myself over the actions of Lucianne Goldberg or her spawn. Jonah wrote the column to perpetuate blood libels. It’s an absurdity, as is his entire oeuvre. Not worth reading, discussing, responding to, or bother with. Ever, under any circumstances. The Los Angeles Times debases itself by publishing him, which, for them nowadays, is tough to do.
I remember those days…… so glad that I don’t have to deal with that right now…. remember coming home from a long weekend and how cold the house was and how long it took to get the house warm ……..
I miss my woodstove from many years ago, in my first honeymoon cottage built with my own hands in the woods of North Carolina.
It’s only the kitchen. The rest of the house has forced air heat with oil burner. Not so bad. Helps with my pyromania too.
((katymine))
Jon Stewart riffing on Obama foreign policy team of rivals tonight.
(((Teddy))) + (((Patrick too)))
Hugs to Katymine
Jon Stewart very good tonight. No spoils from me, though.
Just got hear only to hear Katymine is responding well to the Chemo!! Great news Katy sure glad to hear that(:>))
Its not chemo but immunotherapy which stimulates my own immune system to chomp up the cancer…… Hey did I tell you guys what the retail was on Interlukin?
sit down first….. $25,000 a dose…..
Worth every cent.
Keep gaining, katymine.
sure glad Judge Walker is asking all the right questions in the FISA mess that Bush drop on the country… His latest is to allow health care worker the right to refuse services if their personal conscience goes against a service or a drug they should be giving to a client/patient…. WTF Our medical system is fucked up enough as is and now to allow a health care worker to object to a service and there is no recourse against it?? I sure hope Obama can change this, it is morally wrong top deny a service just because you think it goes against your morals…
Correct.
In theory, if a medical treatment was derived from say, stem cell research, that worker would have the legal right to refuse to participate in the treatment of a patient.
Fucked up.
And how many doses? Who is paying?
I’ve heard of Interluken in the ethers but don’t know much about it. Been around for awhile. Any chance it’s going off patent anytime soon? (Hahaha.) What Big Pharma is working on is the smallest patentable difference so they can repatent it, and on & on. I presume there’s no reason for such a high price except for the patent, but you’ll let me know if I’m wrong.
Wow Great Katy. Does it make you feel sick after the treatment? At that price I sure hope you have good coverage.
You must be in the country house. Are you ever conflicted?
as a former healthcare worker I highly object…..so someone can be a Christian Scientist or one of the other religions that object to some sort or ALL medical treatment……..So someone could object to my Immunotherapy and NOT give it to me?
Wow. That Judge Walker sounds like a dickhead.
Very cute. Maybe buy that for great great niece for Xmas.
Not conflicted cause I’m retired & can be where I want when I want. *Nirvana*
Basically yes! Bush and his crew are cruel assholes. I hope they all meet their maker and he sends them in the other direction for loving their neighbor among the many other atrocities they committed while governing our country!
Calvin Trillin is going to read his new book, written as an epic poem, on TDS.
So far I’ve had 12 doses, my insurance will be paying 100% until Jan 1st….. the drug was FDA approved in 1992 and I really have no clue why it is so expensive…. What I was told was passed on from the hospital pharmacist to the administering nurse who was directly handing off the drug.
I have a PPO plan so will see how much they actually pay for things when everything gets run through the insurance…..
The Constitution is the constitution and Congress nor Shrub can just change it when they feel like it. I hope he rules that the whole FISA bill is unconstitutional or at least the most offending section of it.
So that’s 12*25,000, or $300,000 so far. I hope it works, but as an economist, WOW. I thought the birth of my son, something like $10,000 in 1981, was completely ridiculous.
What does allowing medical providers withholding medical services have to do with the constitution?
Thankfully I have a 5 million dollar lifetime limit…… I have a feeling this will be over a million if I have a full 3-4 series….
OOPs the medical provider issue is a new Rule that bush has just put in place IIRC as of today. And it doesn’t have any thing to do with the FISA court case that Judge Walker is adjudicating in regards to the FISA and the illegal wire taping with the TELCOS getting retroactive immunity!
Double wow.
Bless you. I have the gift of health. Which is great while I’m healthy, but would make me a real chickenshit if I were in your situation. I admire you.
I think the line of laws which pre-empt judicial review is promising as a separation of powers issue. Even the Supremes usually dislike the political branches telling them what they can and can not look at. So even if they allowed that the executive could do it, they would still I think want it reviewable by the courts.
OK.
I keep trying to remember that people respond quickly here and sometimes get it wrong, me included. Still I leap to conclusions too easily.
Hubris seems the only saving grace for these Supremes. Don’t Tread on Them!
You and me both… the thought train keeps evolving back and forth quickly.
especially when there is 3 or more topics running through the threads…… I hate hogging up the threads about me…… but also want to thank all the wonderful people who are supporting me through this adventure…..
Oops I put this in another thread and it belongs here.
http://www.cancerguide.org/rcc_il2.html
Natural Killer Cells ==> pacman…… chomp chomp…..
Hey Katy we are family and the Pups DO care and Care very much about each other!
I think Jane made a movie about them. *g*
Katymine
Patents are 20 years. As near as I can tell, Interlukin was patented in 1995. So in 2015 there will be something slightly better under a new patent.
are there any clinical trials with il-21 or similar?
No this has been standard treatment for RCC (renal cell cancer) for quite a while….
just curious since it has some similarities with il-2 but was discovered much later.
good luck and good chomping to you and those pacmen!
Thank god for Walker, Fitzgerald, and others who actually behave ethically about the law and the legal profession.
I have NO faith in Congress, Obama, et al. The judiciary really is all that’s left, so it’s heartening to see there’s still independent thinkers left.
You’d think Congress would kinda sorta KNOW that what they are passing is, Uh, unconstitutional? Is this part of this:
“As Congress Lay Dying”
http://blog.pdamerica.org/?p=2278#more-2278
then you would also think that a Constitutional Law Professor like Obama would know that too?
PS: All the best and prayers to all the forgotten gods and goddesses to Katy!
I doubt it, cameras and audio of proceedings in federal court is very unusual
thanks. i enjoyed listening to the boumediene oral arguments before the supreme court and was hoping for something similar.