Several justice "appeared rightfully troubled by this Kafkaesque position, expressing concern that, under the government's interpretation, no one would be able to challenge the law--ever."
Justice Breyer said risk and certainty are just matters of degree. "It might not be a storm tomorrow. I mean, you know, nothing is certain," he explained
Justice Antonin Scalia disagreed. He claimed the case lacks "standing." In other words, plaintiffs can't prove they're monitored or harmed. According to the ACLU:
"The government theory of standing would render real injuries nonjusticiable and insulate the government's surveillance activities from meaningful judicial review."
Scalia and like-minded ideologues argue for "unitary executive" authority. Chalmers Johnson called it a "ball-faced assertion of presidential supremacy dressed up in legal mumbo jumbo."
All despots claim power they're unjustified to have. Judicial ideologues support them. Scalia is one of the worst. Obama needs four more like him to prevail.
Fundamental constitutional rights are at stake. At issue also is a "proper balance of power within our constitutional democracy--specifically, the crucial duty our judiciary can, and must, fulfill in safeguarding and enforcing those rights."
In a CNN.com op-ed , Jaffer and Alex Abdo said:
"The government's argument is really about the role of the judiciary in patrolling the boundaries between the lawful measures that the executive should take in the defense of national security, and the unconstitutional and effectively unbridled discretion the government now has to acquire Americans' international communications."
"Whatever one's views of the legality of the FISA Amendments Act, the government's efforts to shield the law from any meaningful judicial review should be profoundly disturbing to all Americans."
Fundamental law alone protects us. Obama wants unchallenged dictatorial powers. How many supporters know what they voted for? How many realize their mistake?
Equity and justice depend on rejecting duopoly power. Choosing one of its two candidates perpetuates what no one should accept. They got it for four more years. Don't bet they'll be wiser next election.
Stephen Lendman lives in Chicago and can be reached at Email address removed .
His new book is titled "How Wall Street Fleeces America: Privatized Banking, Government Collusion and Class War"