NSA Brief NSA Brief

The Washington Legal Foundation has submitted an amici brief in opposition to the ACLU's suit against the NSA, et al. concerning the later's international communications surveilance program. Nothing I haven't said for a long time now, but said a lot better than I could ever expect to do. They didn't flinch, attacking the argument that the wording of FISA should control based on the Jackson Youngstown concurrance straight on - Youngstown was dealing with a domestic situation long within the purveiw of Congress, and the NSA program is clearly within the traditional almost exclusive Article II power of the President. They deferred a bit more than I would have to Youngstown and Jackson's three Zones. I think I would have just said that his Zone 3 is overly simplistic, and has never been adopted by a majority Court.