Re:The Government’s Addiction to ‘Secret Law’
by pc2g4d on Tuesday October 18, 2016 @04:34PM
(#12738401)
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.
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Re:The Government’s Addiction to ‘Secret Law’
by rayiner on Wednesday October 19, 2016 @09:39AM
(#12743632)
While 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 Also, like many courts, FISA publishes both precedential and non-precedential opinions.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.