Freedom Line Blog

A federal judge granted a preliminary injunction against the National Security Agency (NSA) today, reports Politico.

The 68-page ruling sets up the possibility that some or all of the NSA’s warrantless surveillance practices could be banned as violations of the Fourth Amendment’s protections against unlawful searches and seizures.

Due to U.S. District Judge Richard Leon’s tone, it sounds like he’s leaning toward striking the program down.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,” Leon wrote.

Since Leon seems likely to convert his preliminary order into a permanent injunction, expect to see this case – and perhaps others – arrive on the Supreme Court’s docket soon. Along the way there will be no shortage of arguments about arcane legal precedents and policy disputes over national security.

All of these are important considerations, but – in my view – the most appropriate place for their deliberation is Congress, not the courts. Maybe what NSA is doing can be justified under the Constitution as a legitimate national security measure. Maybe not. Either way, ultimately it should be decided by the branch most responsive – and responsible – to the People.