Sixth Circuit Stays Judge Taylor's Order: (1 Viewer)

[Goobieman]

Sixth Circuit Stays Judge Taylor's Order:
The Sixth Circuit has issued a stay pending appeal of Judge Taylor's order requiring the government to shut down the NSA domestic surveillance program. I think it's hard to read too much into that, although note that the Sixth Circuit standards do incorporate one aspect of the merits: the stay indicates that this particular panel thought that DOJ had raised at least "serious questions" about the correctness of Judge Taylor's order shutting down the program.

http://volokh.com/archives/archive_2006_10_01-2006_10_07.shtml#1160005026

The stay:
http://www.ca6.uscourts.gov/internet/documents/Order062095_000.pdf

If the 6C holds to its own precedent, it'll overturn the decision -- which is why I wasn't terribly perturbed by the decision in the first place.

What will the "wait until it gets to court" people say?

 

[Captain America]

Is this where the right comes along and starts in with their "activist judges" banter? :mrgreen:

 

[Goobieman]

Is this where the right comes along and starts in with their "activist judges" banter? :mrgreen:

As noted, the 6C is/was working under established precedent.
So, no. If anything, the left will charge "activism".

 

[Captain America]

As noted, the 6C is/was working under established precedent.
So, no. If anything, the left will charge "activism".

I think it's only considered "activism" when it's the left doing it. Y'know. Kinda like, it's only racism if it's whitey that's doing it? :rofl