Judge shopping 101

The ACLU went to Detroit to find a Carter-appointed judge to challenge the NSA's authority to monitor al-Qaeda's overseas communications. Judge Anna Diggs Taylor complied.

Which is the greater constitutional threat? Listening in to overseas calls, or judge shopping to run American policy? Her reported remarks were intemperate. I hope the appellate court trounces her and the ACLU.

UPDATE: Volokh Conspiracy on why this is no big deal.

Linked by Voteswagon and Assorted Babble by Suzie and Planck's Constant. Thanks!