Fool’s News

The shit I have to go through just to fly on a plane, shit like this drives me insane.

On 3 June 2009, District Court Judge Vaughn Walker of the Northern District of California dismissed the consolidated lawsuits of plaintiffs against the nation’s telecommunications companies based on legislation passed by Congress during the Bush administration and based on “secret” declarations made by Bush Attorney General Mukasey. 

With a current Supreme Court leaning to the right, I am concerned that this decision is the death knell for our constitution.

In my opinion, the most troubling element in Walker’s decision is the following:

The parties’ contrasting positions highlight the tension
between the government’s concern for national security and the civil
litigant’s due process rights. While both interests are of great
importance, the United States’ argument prevails here.

Why?  Because this is a case which raises constitutional issues.  The Constitution addresses due process.  The Constitution is silent on matters of national security.   Unlike to two sides who may argue over the “right to die” where constitutional principles are triggered on both sides of the argument, since there is no constitutional exception for national security, the right which is enumerated in the constitution must prevail – always.

Moreover, the act of Congress which creates this immunity for the telecom companies must be evaluated against constitutional principles.

Aside the above, this is one of those cases that if it looks like a duck, walks like a duck and quacks like a duck, it’s a duck.   It seems to me that Walker’s 46-page opinion strives very hard – using many words and killing a few trees – to convince us that it’s not a duck, despite all evidence to the contrary.

Since this protects the actions of the telecommunications companies between 1 January 2001 and 2007, since we are now in 2009, it seems incredulous to think that the impact to national security could outweigh the strong protection the constitution provides to its citizens (rather than to corporate interests and the executive branch).

View the order here.