No 'Forum Shopping' in NSA Case

Wednesday, September 6, 2006

While Robert D. Novak's political attack on a long-sitting federal judge was uncalled-for and unfair, his allegation that Judge Anna Diggs Taylor "ended up with the case because of forum-shopping: filing multiple lawsuits in quest of a favorable venue" is patently false ["Disorder in the Court in the NSA Case," op-ed, Aug. 28]. Neither does Judge Richard Posner's Aug. 22 column in the Wall Street Journal provide any support for Mr. Novak's fantastic accusation. In fact, in Mr. Novak's quote, Judge Posner observed that the case was assigned to "a randomly selected member of the federal judiciary."

The ACLU and its plaintiffs filed exactly one suit, in exactly one forum, in which cases are randomly assigned. The fact that Judge Taylor's name came up when the wheel was spun was pure chance.


Director, Public Affairs & Communications

National Association

of Criminal Defense Lawyers


The National Association of Criminal Defense Lawyers is a plaintiff in ACLU v. NSA.

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