the Judicial Branch to create a mechanism for enforcement, just in the same way Kennedy argued Boumedienne. Or not. I recognize that the Fourth Amendment is a minor inconvenience for the Executive in its efforts to protect us from the terrorists. Maybe it was meant to be that way. FISA wasn't much protection for citizens who don't want the government reading their e-mail, but it was something. Those of us who really care about our privacy can take other steps. I think you and I agree that we are going to become a surveillance state. I think the surveillance is being outsourced to people not even in government, and therefore not subject to any limitation on spying, even one so feeble as FISA. Other nations get along fine without privacy. In five years, we won't even remember we once were left alone by big brother. 41/51 "But I don't think it's anywhere near as sure a thing as MCA was" The 5/4 decision on Boumediene with very limited grounds that don't speak to retroactive immunity aspects for war crimes kind of colors the sure thing aspects on the MCA as well. cboldt, did you see/hear the Lawrence Wright (Looming Towers) interview with Ira Glass, where the FBI showed up questioning him about Caroline Brown? He needs to be one of the named plaintiffs imo -- that ratchets the standing issue up several notches. 72 -- I think the separation of powers issue (Congress telling the court they have to dismiss