Glenn Greenwald: Supreme Court shields warrantless eavesdropping law from constitutional challenge | The Guardian →
In sum, the US government has constructed a ubiquitous Surveillance State. It has repeatedly demonstrated that it intends to eavesdrop on the communications of exactly the people who have brought this lawsuit. To prevent them from suing on the ground that the US government’s secrecy precludes them from proving with certainty that they are being targeted is to remove the US government’s surveillance actions from the rule of law and the constraints of the Constitution.
But that is what the Obama DOJ just succeeded in convincing the five right-wing members of the Court to do: allow it to conduct its Surveillance State beyond the rule of law. What’s the point of having a Fourth Amendment that bars unreasonable searches and seizures without probable cause warrants if the US government simply shrouds its unconstitutional eavesdropping with so much secrecy that it prevents anyone from challenging the legality of what it is doing?