Hurdles Facing Patriot Act Lawsuit
The National Law Journal examines the two suits recently filed against the Patriot Act and the potential hurdles they face.
The good news is these lawsuits will not be the only ones:
This is not the final gunshot. It's the opening salvo," said Charles Shanor of Emory University School of Law. "It's a complex process that no doubt will involve the courts, the legislature and public opinion. And it could turn on matters that are as nonlegal as whether there is another terrorist attack between now and judicial decision time."
The process involves weighing whether the judgments made in the act were appropriate or over-reactions, Shanor and others said.
"Part of the context of this is the Patriot Act was enacted in an environment where there was virtually no discussion or careful scrutiny," said Stephen Schulhofer of New York University School of Law. "Maybe there shouldn't have been because we needed to act quickly. But now we have the time and room for thought about what we need in the post-9/11 world."
The two pending suits were filed by the ACLU and the Center for Consitutional Rights. You can read the ACLU complaint here and a description of the CCR suit here.
In our view, the Patriot Act is a classic example of "Act in haste, repent at leisure."
Further Reading:
Silencing Political Dissent: How Post-September 11 Anti-Terrorism Measures Threaten Our Civil Liberties
by Nancy Chang, Howard Zinn, Center for Constitutional Rights
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