So what happens if the Supreme Court says NSA wiretapping is illegal?

[trumad]

What happens if it goes through the court system and it's ruled illegal all the way up the ladder?

What are the consequences for the Bush Admin?

[fooj]

1. I believe they'll IGNORE any ruling that doesn't "work" for them.

[The2ndWheel]

2. The NSA and agencies like it will continue to exist

and we will have the same problems again and again in the future, only worse, because technology will continue to improve. Then laws will be written to combat those recently broken laws. The new laws will be broken, only worse, because the technology will improve. New laws will be written to combat the recently broken laws. Those new laws will be broken.......................................................................................................................................................... and it goes on and on like that.

[bowens43]

3. No consequences.

The administration has stated on several occasions that the power of the executive branch overrides the power of legislative and judicial branches. The executive branch is not restrained and can not be restrained by legislation or by judicial fiat.

[warrens]

4. If they defy the Supreme Court

Impeachment proceedings will follow. Now, the Repukes might not vote for impeachment, but come November, there are going to a be a lot fewer of them, and there are still some of conscience in the House. I doubt Bush will dare try that.

[princehal]

6. Unless

we get a Dem Houst, that is a todal nonstarter.

[bowens43]

10. I think you mis-underestimate bushes arrogance.

[H2O Man]

5. It is interesting

to consider what the consequences could -- and should -- be. The significance of the fall elections is that much greater, is it not?

[trumad]

15. It sure is...

[Solly Mack]

7. Well, torture is already illegal and all Congress did was

vote on a bill that stated America will follow federal and international law(when existing law said that already)...and no charges were brought against Bush for his torture policy up to that point. Bush attached a signing statement to that bill and the Pentagon wrote some new rules.

Then the courts ruled that Bush's brand of military tribunals were illegal...and now Bush wants Congress to amend the War Crimes Act...and no charges were filed for abuse of power and violating the law stemming from that. Congress, ignoring the crimes already committed, is working on ways to give Bush his military tribunals.

So, more of the same will happen in the event that the SCOTUS rules wiretapping illegal

Course, Congress is more than welcome to prove me wrong. I'll be glad to eat crow should they decide to hold Bush accountable - truly accountable (impeach.convict.trial in federal court) and not some half-assed measure such as a meaningless official censure or some joke of a stern warning.

Hafta admit though...not too worried about how crow taste

[baldguy]

8. The Supreme Court Justices get wiretapped.

[madrchsod]

9. the supremes will let the ruling stand

no on wants to publicly disagree with what this judge just said. i don`t think they want to go down in history for declaring george bush is our first king...

[BlooInBloo]

11. Warrantless, I think you mean...

... Unless you're talking about something that has no relation to recent events.

It's not a mere quibble - it's EXACTLY on that "forgotten" word that the republican pundits make there argument, saying that we're against wiretapping. We're not. We're against WARRANTLESS wiretapping.

[Rex]

12. None

Bush will have Rove write a law to get around the ruling, just like they did with military tribunals.

[pnwmom]

13. Their position on the military tribunals was rejected by the Supreme Court

And any new law written to get around this ruling must also pass a Constitutional test.

[HamdenRice]

14. "You have your court order sir. Now see if you can enforce it"

That's a great and scary question. If memory serves me, and I doubt it does, after Lincoln was found by the Supreme Court to have violated the Constitution by suspending habeas corpus during the Civil War, I think he commented something to the effect, you have your court order, now see if you can enforce it.

In other words, he ignored the Court's decision. After Lincoln's death and the end of the war, the Court definitively restored that right. I can't think of another example of a president ignoring and Supreme Court order and getting away with it.

But we live in strange times. It is possible that the Bush administration could just say, so what, enforce it. The Court relies on the voluntary compliance of other branches of government. It has a tiny symbolic corp of marshalls, but basically if the administration ignores it, then we have a Constitutional crisis.

[meldroc]

16. I believe it was Andrew Jackson who supposedly said that

or more precisely "John Marshall has made his decision; now let him enforce it!"in the aftermath of Worcester vs. Georgia, when the Supreme Court ruled that the Cherokee native Americans were entitled to federal protection from the actions of states. As a result of Jackson's and the state of Georgia's refusal to obey the court, the Cherokees were driven down the Trail of Tears and thousands died.

[H2O Man]

18. Correct. n/t

[Joe Bacon]

17. They won't

They will vote 5-4 to make it legal, and we know which 5 will do that--Scalia, Slappy Thomas, KKKenedy, and Joe LIEberman's pals Roberts and Alito

[MiniMe]

19. Just what they are trying to do now with the Gitmo trials

Have Congress write a law making it legal. Of course, even if they do write that law, it still doesn't mean it is constitutional, but I guess they haven't figured that out yet.

[Bake]

20. If (and that's a big "if") so, and if * does not comply,

the only recourse is impeachment. If a President blatantly thumbs his nose at the Constitution and nobody does a damn thing about it, then we don't have a nation of laws anymore; we have a de facto monarchy.

Frankly, I don't see how SCOTUS gets him off on this one. They have no choice but to uphold the Constitution, and the "damn piece of paper" couldn't be much clearer unless it said, "George, you dumb fuck! We're talking to YOU, asshole!"

Bake