Re:Secret government: America against democracy
by DannyBee on Wednesday July 10, 2013 @03:39AM
(#6018000)
"To the extent that's true, the appeal provisions from FISCR to SCOTUS are also in those sections (or closer to them), not in 1803(b), which is a nonsequitur in any situation other than the government appeal of a denial of a warrant."
The original question was not about denial of warrants, but about FISC rulings and their appealability. As I pointed out, there are plenty of cases where you can appeal FISC rulings to SCOTUS.
You had said it was not possible. I agree the statute does not provide a path to appeal certain types of warrants to SCOTUS, I was skimming 1803(b) and not carefully enough.
However, FISC does rule on more than that, and in the cases most folks have cared about (Verizon, Yahoo, etc), they were rulings that could have been appealed to SCOTUS under the sections I provided
Re:Secret government: America against democracy
by dragonwriter on Wednesday July 10, 2013 @03:49AM
(#6018023)
> You had said it was not possible.
No, I didn't.
To the extent that's true, the appeal provisions from FISCR to SCOTUS are also in those sections (or closer to them), not in 1803(b), which is a nonsequitur in any situation other than the government appeal of a denial of a warrant.
> In general, Congress can't keep a federal question in an article III court from eventually being appealed to SCOTUS.
Not true; Congress can -- and has -- removed questions within the Article III domain of the judiciary from the appellate jurisdiction of the Supreme Court, it only cannot do so for those questions expressly within the Constitutionally-defined original jursidiction of the Supreme Court. It has even done so with regard to specific cases already being heard in the court.
http://en.wikipedia.org/wiki/Jurisdiction_stripping