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Spying Law Challenged

Publication Date: 
July 15, 2008
The Washington Independent
Spencer Ackerman

Professor Robert Weisberg is quoted in aWashington Independent article about a lawsuit filed by the American Civil Liberties Union, Human Rights Watch, Amnesty International, the Service Employees International Union and The Nation magazine challenging the constitutionality of the FISA Amendments Act of 2008, which Bush signed into law on Thursday:

"I think most courts would think this is not ripe yet," said Robert Weisberg, a professor at Stanford Law School."It's a complicated statute, and its legality may turn on the way it's implemented. There's a good chance a court would say, 'Sorry, too soon.'"


On the one hand the issue in challenging individual cases would be whether they are taken on too soon, on the other whether the organizations have standing:

Professor Weisberg "conceded the circularity" of the government's argument, but added that it might not matter in the case. "It's a Catch-22," he said, "but the government has benefited from Catch-22s in the past."