Judge Strikes Down Parts Of Patriot Act

“It is the province of the courts to say what the law is. When Congress attempts to curtail or supersede this role, [it] endangers the very foundations of our constitutional system.”

U.S. District Judge Victor Marrero

(CBS/AP) A federal judge struck down parts of the revised USA Patriot Act as unconstitutional Thursday, saying courts must be allowed to supervise cases where the government orders Internet providers to turn over records without telling customers.

U.S. District Judge Victor Marrero said the government orders must be subject to meaningful judicial review and that the recently rewritten Patriot Act “offends the fundamental constitutional principles of checks and balances and separation of powers.”

The law had been challenged by the American Civil Liberties Union, which complained that the revised law allowed the FBI to demand records without the kind of court order required for other government searches.

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