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Court Approves Domestic Spying Program

Power Line story:

The Sixth Circuit has reversed the decision in which District Judge Anna Diggs Taylor found the NSA intercept program unlawful. I haven't had time to read the opinions (three judges, three opinions for a total of 65 pages). However, it appears that, by a 2-1 majority, the court concluded that plaintiffs lack standing to challenge the program in federal court.

UPDATE: The majority opinion was written by Judge Alice Batchelder, who was said to be a candidate for the Supreme Court back in 2005. Judge Julia Smith Gibbons concurred with the holding, but declined to get into all of the standing issues covered by Judge Batchelder. For her, it was enough that the plaintiffs presented no evidence that they were personally subject to the intercept program. Judge Ronald Gilman thought the plaintiffs have standing to challenge the program, and that the trial judge correctly found it unlawful.

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Comments (3)


International, not domestic.

Lee Ward:

I don't agree with the headline on this post. The decision found that the plaintiffs in this case had no standing, that's all.

For her, it was enough that the plaintiffs presented no evidence that they were personally subject to the intercept program.

That's different than "approving domestic spying." Hopefully the plaintiffs will include one or more parties who can prove they were spied upon and re-file this case.

We know from the experience of Watergate just how far a corrupt administration will go in throwing up roadblock after roadblock. We need to just keep knocking them down and moving forward.

Our is the good fight; the just fight, and we will prevail if we persevere.

Paul Hamilton:

It's a perfect win for the RWers. Since you don't know what information they have about you, because it's all classified, it not only approves the program, it keeps people from doing anything about it without the sort of specific information which is almost impossible to get, and even then you'd have to prove harm.


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