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Rand Paul wants to lead a Supreme Court challenge to Feds' tracking of Americans

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Re: Rand Paul wants to lead a Supreme Court challenge to Feds' tracking of Americans

#5

Since he's a member of the Senate, a more direct route than the judicial branch would be to pursue legislative-branch solutions, such as introducing a bill to amend the FISA statute in a more civil-liberties-friendly manner.

That wouldn't be in the spirit of empty grandstanding at all! You, sir, simply don't understand Ron Paul's strategy.

Re: Rand Paul wants to lead a Supreme Court challenge to Feds' tracking of Americans

#6
post #2

What does that mean, "lead a Supreme Court challenge?" From what I understand, they'd have to file lawsuit with a lower court and fight the long long road up to the SC docket.

It means he wants to be on TV/in the newspaper/etc.

Re: Rand Paul wants to lead a Supreme Court challenge to Feds' tracking of Americans

#7

Since he's a member of the Senate, a more direct route than the judicial branch would be to pursue legislative-branch solutions, such as introducing a bill to amend the FISA statute in a more civil-liberties-friendly manner.

A supreme court case has benefits that legislation doesn't. If he can get a favorable decision for civil liberties, he could bind future congresses that may not be as friendly to civil liberties as he is. This also could be accomplished through a constitutional amendment, but a court case is far easier.

Re: Rand Paul wants to lead a Supreme Court challenge to Feds' tracking of Americans

#10
post #7

Since he's a member of the Senate, a more direct route than the judicial branch would be to pursue legislative-branch solutions, such as introducing a bill to amend the FISA statute in a more civil-liberties-friendly manner.

A supreme court case has benefits that legislation doesn't. If he can get a favorable decision for civil liberties, he could bind future congresses that may not be as friendly to civil liberties as he is. This also could be accomplished through a constitutional amendment, but a court case is far easier.

for starters, Rand is proposing some legislation. A supreme court case is always non-binding to congress. They can just re-propose the law, and wait for someone to sue again (e.g. child labor laws in the 20s). Or the executive can just say, damn you supreme court we're gonna anyways (Jackson, early 19th century). And while a constitutional amendment would be nice, the only part of the constitution that the US follows anymore is 'election protocol' and details that create the pomp and circumstance around inauguration.
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