NSA Surveillance Revisited

A look at a recent appellate court decision on the Bush domestic surveillance program.

This past week, a three judge panel of the Sixth Circuit Appeals Court decided that the Bush Administration could continue its eavesdropping program undeterred while it appeals the ruling of Judge Anna Diggs Taylor that the program is unconstitutional. While civil libertarian groups continue their challenge to the program, President Bush and Attorney General Alberto Gonzalez have argued that it is one of the most effective tools against domestic terrorism. While there is little doubt that this matter will eventually reach the Supreme Court, this ruling by the Sixth Circuit certainly strikes a blow for groups like the ACLU who want the program stopped permanently.

Indeed, the road to ending the NSA surveillance program seems bumpy even in the Supreme Court where conservatives dominate. If the Supreme Court does give way to the continuance of the domestic surveillance program, it may be with a stern warning as to the burden of proving their targets are tied to domestic or international terrorist groups. If this provision is placed in a potential Supreme Court ruling and if Congress can finagle increased oversight over the program (last blog entry), then I would feel comfortable with its use against suspected terror suspects. However, I don’t have a lot of confidence that either of these things will come true much less both of them.