Fortunately, issues thrashing around in the lower courts narrow the issues in contention by the time they reach the Supremes, which makes them far more manageable.
]]>In some cases I am sure plaintiffs shop around the country for sympathetic jurists who will hand down favorable decisions that, for a time, make the controversy seem solved. Just look at the many headlines blaring the program illegal. Well perhaps it is but we don’t yet really know, do we?
In the mean time it appears the administration will either continue what has been declared “illegal” or it will cease operation of what they consider a valuable tool in keeping us safe from terrorists.
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