Sense on Secrecy

SENSE ON SECRECY
[SOURCE: Washington Post, AUTHOR: Editorial staff]
[Commentary] The US Court of Appeals for the 9th Circuit is scheduled to hear arguments today on the Bush administration's attempt to halt two challenges to its warrantless surveillance program. Here's what legal scholars expect: The San Francisco-based court -- a favorite liberal punching bag for the Supreme Court -- will hand down an "anti-administration" decision that allows the cases to move forward. If that happens, government lawyers won't be able to run fast enough to urge the Supreme Court to overturn the ruling. A 9th Circuit ruling couched in soaring rhetoric that gives plaintiffs too much leeway and imposes too heavily on the administration's ability to protect legitimate secrets will surely trigger the interest, if not the ire, of some of the justices. At the same time, the administration's uncompromising approach on state secrets will continue to fuel the search for a practical way to limit the privilege.
http://www.washingtonpost.com/wp-dyn/content/article/2007/08/14/AR200708...
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