Good news from the 6th Circuit:

The Bush administration can continue its warrantless surveillance program while it appeals a judge’s ruling that the program is unconstitutional, a federal appeals court ruled Wednesday.

The president has said the program is needed in the war on terrorism; opponents argue it oversteps constitutional boundaries on free speech, privacy and executive powers.

The unanimous ruling from a three-judge panel of the 6th U.S. Circuit Court of Appeals gave little explanation for the decision. In the three-paragraph ruling, judges said that they balanced the likelihood an appeal would succeed, the potential damage to both sides and the public interest.

U.S. District Judge Anna Diggs Taylor in Detroit ruled Aug. 17 that the program was unconstitutional because it violates the rights to free speech and privacy and the separation of powers in the Constitution.

The Justice Department had urged the appeals court to allow it to keep the program in place while it argues its appeal, claiming that the nation faced “potential irreparable harm.” The appeal is likely to take months.

“The country will be more vulnerable to a terrorist attack,” the government motion said.

Here is the order in .PDF format..