6th Circuit kicks ACLU’s standing argument in challenge to terror surveillance to the curb

We covered crooked Anna Diggs Taylor’s ridiculous ruling in federal district court pretty extensively last year. Check it all out here.
Good news from the 6th Circuit today. From a PAO at Justice:
“We are pleased with the Court’s d…

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From reading the decisions, a couple of things struck me. First was that all three of the judges basically ignored the district court ruling. Appeals courts hate to have to do that, so this was definitely a slap to the original Judge. Even the dissenting judge barely touches on it.

The second thing was that it’s fairly obvious that the judge writing the ultimately controlling decision on lack of standing would have agreed with the judge who also held that they didn’t win on the merits, but chose not to. And that begs the question as to why not?

I have my suspicions. By not joining in that part of the case, the judge rendered this a non-precedential decision. And as such, it won’t be likely to be accepted by SCOTUS for review. That way they don’t have to risk something as important as this on the whim of Justice Kennedy.

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