Sorry we’ve been down for the last day or so — we’re gradually coming back up, but it may be a bit before we’re fully functional. In the meantime, check out this interesting exchange on the legality of the NSA surveillance program between two Federalist Society members — Bob Levy of Cato and David Rivkin of Baker & Hostetler. I think Levy is basically right and Rivkin is basically wrong; more on some of these issues later today, assuming that we come back on line. Thanks to Marty Lederman for the link.
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