Regarding the Oct. 30 news article “Challenge to wiretap law divides Supreme Court”:
So Justice Antonin Scalia takes the position of “so what” to the proposition that Congress crafted the Foreign Intelligence Surveillance Act (FISA) so that no citizen could challenge the law?
It has always seemed to me that justices swore an oath to “faithfully and impartially discharge and perform all the duties incumbent upon me as a Justice of the Supreme Court under the Constitution and laws of the United States.” I think this includes an obligation to give effect to the Fourth Amendment to make sure that citizens can “be secure in their persons, houses, papers, and effects, against unreasonable searches.”
Taking a position of “so what” to the idea that no citizen has standing in a federal court to challenge FISA wiretapping as unreasonable is an egregious abrogation of Justice Scalia’s oath of office. This is not simply an issue of separation of powers, as he claims, but also an abandonment of his sacred duties under our Constitution.
John M. Hammang, Bristow