Is Judge Taylor's ruling bound to be reversed by the Sixth Circuit?

It may be a pretty badly written opinion, and I would be surprised if the Sixth Circuit were to affirm Judge Taylor's decision using her, uh, reasoning.  However, if, as many commentators believe, the NSA wiretapping program violates FISA, and it was not authorized by the AUMF, and it cannot be supported in the face of that violation by the President's inherent Commander-in-Chief powers, then the Sixth Circuit could perhaps sustain the injunction on that basis, while disavowing Judge Taylor's reasoning.  For example, in Owens Corning v. Nat'l Union Fire Ins. Co., 257 F.3d 484, 496 (6th Cir. 2001), the court disagreed with the lower court's interpretation of an insurance contract but affirmed on other grounds supported by the record.

Comments

[widex]

You claimed that Taylor's ruling was "pretty badly written." I'm not a lawyer nor am I a legal scholar, but I have read multiple legal opinions in the course of my studies. Having read the entire 44-page opinion, in what way was her wording badly written? I felt her use of case law and judicial opinions supported her ruling. She did not overstep judicial boundaries and conduct strawman arguments or engage in vague generalities. The ruling argued each aspect of Plaintiff and Defendant's positions in a manner that was well-reasoned and concrete.