The NSA Fight is Back in Court

This morning in Detroit a federal judge holds a hearing on the National Security Agency's controversial domestic surveillance program. Specifically, federal lawyers and attorneys for the American Civil Liberties Union will argue over whether the feds may properly invoke the "state secrets" privilege to dismiss the lawsuit without any sort of substantive legal review.

U.S. District Judge Anna Diggs Taylor already is on the record as being skeptical of the government's claim. And that was before the U.S. Supreme Court refused last month to recognize increased presidential power invoked in the name of fighting terrorism. Will she reject the government's claim and declare the program unconstitutional? Will she rely upon the Supreme Court's recent Hamdan decision in doing so? There is one thing upon which you can make book-- the case will be appealed, perhaps all the way to the Supreme Court, no matter which side prevails in Judge Taylor's court. Stay tuned and have a good start to the day.

By Andrew Cohen |  July 10, 2006; 9:00 AM ET
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