[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Re: Government shows its hand...good news!
Declan McCullagh writes:
: I won't comment on Tim's second possibility, but the amendment added to
: SAFE today by one committee //prohibits// judicial review. So much for the
: Supremes likely to strike it down.
That prohibits---and can prohibit---only review under the
Administrative Procedure Act. It cannot prohibit, and is not likely
to inhibit, review of Constitutional Claims. (The ITAR and the EAR
are not ``reviewable'' either; which did not stop Judge Patel in
_Bernstein_ from deciding the constitutional question.)
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
EMAIL: [email protected] URL: http://samsara.law.cwru.edu
NOTE: [email protected] no longer exists