The USA “Patriot” Act — perhaps the all-time prizewinner for Most Inappropriately Named US Law Ever — is slowly being taken apart, odious bit by odious bit:
Two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable cause, a federal judge ruled Wednesday.
U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, “now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment.”
...
“For over 200 years, this Nation has adhered to the rule of law _ with unparalleled success. A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised,” she wrote.
By asking her to dismiss Mayfield’s lawsuit, the judge said, the U.S. attorney general’s office was “asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. This court declines to do so.”
Judge Ann Aiken understands our legal heritage far better than the vast majority of the terror junkies on the right. It simply is not necessary to gut the Constitution to ensure this country’s security.
UPDATE 09/27/07 6:26 AM EDT: The text of the decision [PDF] is available online. (hat tip: Xeni Jardin)
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October 8th, 2007 at 7:05 pm
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