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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