Is the judge really so at fault at this? Serious question - do they have right to refuse approval under current legislation and can the administration just judge shop until they find a more susceptible judge?
Possibly the judge should have ruled that the law was unconstitutional and therefore void. The legislature cannot make laws that contradict the constitution.
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Is the judge really so at fault at this? Serious question - do they have right to refuse approval under current legislation and can the administration just judge shop until they find a more susceptible judge?
AIUI, no, the FISA court is pretty much a rubber stamp with a security clearance.
Possibly the judge should have ruled that the law was unconstitutional and therefore void. The legislature cannot make laws that contradict the constitution.