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NSA Case Conflict Flap

Eric Lichtblau of the New York Times reports here that Judge Anna Diggs Taylor, author of the controversial NSA surveillance ruling, is the secretary and a member of the board of trustees of a foundation that has given at least $125,000 to the ACLU. The ACLU is a party to the case, and the question of whether it has standing is one of the controversial aspects of the decision. Stephen Gillers is quoted in the article as saying this was not grounds for recusal but should have been disclosed. The double standard between this opinion and his stance on the even more tenuous conflict claim regarding the Scalia/Cheney duck hunting trip is noted by James Taranto here. Matthew Franck and Ed Whelan weigh in at Bench Memos here and here, respectively.

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