> Cass R. Sunstein, a law professor at the University of Chicago,
> said courts often relied on doctrines like standing “to avoid
> entering into politically hot controversies.”
>
> “This, for at least two of the judges, was a very sensitive,
> substantive issue,” Professor Sunstein added, referring to the
> legality of the N.S.A. program, “which, once they get into it, is
> an uphill fight for the government.”
I guess this means the gov had a weak case on the merits, but the judiciary doesn't want to challenge executive power on "national security," so they punted. No wonder the bourgeoisie loves the courts.
Doug