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Interesting points, but I don't see how you can argue that FISA decisions do not have force of law. It's a _court_ applying and interpreting law, which we all k
by pc2g4d 10y ago
Interesting points, but I don't see how you can argue that FISA decisions do not have force of law. It's a _court_ applying and interpreting law, which we all know (Roe v. Wade, Brown v. the Board, etc.) can have as sweeping and definite of legal consequences as any statute passed by Congress.
- rayiner 10y agoWhile court precedents can have the effect of creating law, FISA decisions don't regulate private conduct. Also, like many courts, FISA publishes both precedential and non-precedential opinions. It's not clear that there are any precedential FISA opinions that haven't been published.
- deleted 10y ago[deleted]