There hasn’t been a lot of it lately, so I’m glad to see it when it occurs:
A federal judge in Oregon ruled yesterday that two provisions of the USA Patriot Act are unconstitutional, marking the second time in as many weeks that the anti-terrorism law has come under attack in the courts.
In a case brought by a Portland man who was wrongly detained as a terrorism suspect in 2004, U.S. District Judge Ann Aiken ruled that the Patriot Act violates the Constitution because it “permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment.”
“For over 200 years, this Nation has adhered to the rule of law — with unparalleled success,” Aiken wrote in a strongly worded 44-page opinion. “A shift to a Nation based on extra-constitutional authority is prohibited, as well as ill-advised.”
Of course, this sets up an eventual Supreme Court ruling, and, with the bunch we have now, that’s not exactly reassuring. Still…