Supreme Court Authorizes Lawless Wiretapping
High Court justices spurn rule of law principles.
by Stephen Lendman
America's Supremes are notoriously hard right. Equal justice under law is just a figure of speech. Rule of law principles and egalitarian fairness don't matter. Power politics corrupts the High Court. It lacks legitimacy.
Five Supreme Court justices are Federalist Society (FS) members. They include Chief Justice John Roberts, Antonin Scalia, Samuel Alito, Anthony Kennedy, and Clarence Thomas. They're ideological extremists.
FS began 30 years ago at Harvard, Yale and University of Chicago law schools. Initially it was a student organization. It challenges orthodox liberalism. It corrupts itself in the process.
It advocates rolling back civil liberties. It wants New Deal social policies ended. It supports imperial wars, corporatism, and police state harshness.
It wants reproductive choice, government regulations, labor rights, and environmental protections ended. It spurns justice in defense of privilege. It defiles constitutional protections doing so.
Justice Elena Kagan is ideologically sympathetic. She brags about loving the Federalist Society. As Harvard Law School dean, she hired Bush's outgoing Office of Legal Counsel director, Jack Goldsmith. Francis Boyle called him a war criminal.
Last September, Congress overwhelmingly passed the 2012 FISA Amendments Reauthorization Act. Obama signed it into law. He called doing so a national security priority. He lied. It reflects police state harshness.
It's lawless without legitimacy. It extends the 2008 FISA Amendments Act (FAA). It's for another five years.
It authorizes warrantless spying. It does so without naming names or probable cause. It violates Fourth Amendment protections. It states:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Overseas phone calls, emails, and other communications of US citizens and permanent residents may be monitored without court authorization. Perhaps domestic ones are covertly. Anything goes is policy.
Probable cause isn't needed. Warrantless electronic eavesdropping is instrusive and lawless. Everyone is vulnerable for any reason or none at all. Vague language allows virtually anything.