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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