[wvns] Court dismisses challenge to domestic spying
Court dismisses challenge to domestic spying
3-judge panel splits along party lines over Bush's surveillance program
http://www.msnbc.msn.com/id/19632877
CINCINNATI - A federal appeals court on Friday ordered the dismissal
of a lawsuit challenging President Bush's domestic spying program,
saying the plaintiffs had no standing to sue.
In a 2-1 decision, two Republican appointees on the 6th U.S. Circuit
Court of Appeals ruled against allowing the lawsuit. A Democratic
appointee judge disagreed, saying it was clear to him that the
post-9/11 warrantless surveillance program aimed at uncovering
terrorist activity violated the Foreign Intelligence Surveillance Act
of 1978.
Although the Bush administration said in January the program is now
overseen by a special federal intelligence court, opponents said that
without a court order, the president could resume the spying outside
judicial authority at any time.
The ruling Friday vacates an order by a U.S. District Court in Detroit
last August that found the surveillance unconstitutional, violating
rights to privacy and free speech and the separation of powers.
U.S. Circuit Judge Julia Smith Gibbons, one of the two Republican
appointees who ruled against the plaintiffs, said they failed to show
they were subject to the surveillance and therefore do not have
standing for their claims.
U.S. Circuit Judge Ronald Lee Gilman, a Democratic appointee,
disagreed, saying he felt the plaintiffs were within their rights to
sue and that it was clear to him that the surveillance program
violated the Foreign Intelligence Surveillance Act of 1978.
Although the Bush administration said in January the program is now
overseen by a special federal intelligence court, opponents said that
without a court order, the president could resume the spying outside
judicial authority at any time.
The American Civil Liberties Union led the suit on behalf of other
groups including lawyers, journalists and scholars it says have been
handicapped in doing their jobs by the government monitoring.
Judge Julia Smith Gibbons, one of the Republican appointees, said the
plaintiffs failed to show they were subject to the surveillance and
therefore do not have standing for their claims.
Other groups have filed challenges to the program in other courts;
this case has proceeded the furthest.
The case will be sent back to the judge in Michigan for dismissal.
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