The supreme court is presently being petitioned by the ACLU on two very important issues:

First they ask that the court review a decision by a secret appeals court “that broadly expanded the government’s powers to spy on U.S. citizens.” (ACLU)

Secondly – and perhaps even more importantly – the ACLU has requested that they be allowed to appeal the secret court’s decision even though they were not parties in the lower court proceedings.

This RealAudio stream of “This American Life” – which often airs on Public Radio International (PRI) stations – presents a good deal of background on this topic (Warning: The program is 60 minutes long) .

What are the legal implications of the outcome of these two motions? Will a decision made by a secret court against an individual targeted for prosecution – whom may not be allowed legal council – be impervious to appeal? By denying to hear these cases, is the Supreme Court creating a monster?

Labels: aclu, fisa, patriot act, scotus, warrantless wiretaps