Quote:
Originally posted by Tyrone Slothrop
Question for constitutional scholars: If President Bush has the Article II power to order the wiretapping notwithstanding FISA, assuming that FISA forbids such activity, why does he have to obey an injunction to stop?
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Because it is emphatically the province and duty of the courts to say what the law is.
If Bush didn't make the constitutional argument, and he's enjoined, then his lawyers did a bad job of lawyering.