The Big Question: What will be the outcome of American Civil Liberties Union v. National Security Agency (ACLU v. NSA), the federal lawsuit challenging the controversial "Spygate" NSA wiretapping program?
The ACLU's Argument: The ACLU has challenged the NSA wiretapping program on the grounds that it violates both the Federal Intelligence Surveillance Act (FISA) of 1978 and the Fourth Amendment to the U.S. Constitution.
The Bush Administration's Argument: The Bush administration has countered that the Authorization of Use of Military Force (AUMF), passed by Congress in 2001 in response to the 9/11 attacks, grants President Bush the authority to order warrantless surveillance provided that the surveillance does not violate the U.S. Constitution. The administration argues that the Supreme Court has historically recognized a wartime exemption to the Fourth Amendment's warrant standards that is relevant to this case.
The U.S. District Court for the Eastern District of Michigan: On August 17th, 2006, U.S. District Court Judge Anna Diggs Taylor handed down a 44-page ruling declaring the Bush administration's NSA wiretapping program to be a violation of both FISA and the Fourth Amendment. The NSA appealed the case.
Judicial Stay Granted: On September 7th, the 6th Circuit Court of Appeals granted a judicial stay pending its ruling. The Court heard oral arguments on January 31st, 2007.
The 6th U.S. Circuit Court of Appeals: On July 6th, 2007, the 6th Circuit Court of Appeals ruled 2-1 that the ACLU plaintiffs have not been shown to be directly affected by any Fourth Amendment violations, and therefore lack standing to sue. The ruling leaves unaddressed the question of the program's constitutionality.
- Read more: 6th Circuit Dismisses ACLU v. NSA Lawsuit
End of the Road: On February 18th, 2008, the U.S. Supreme Court declined to hear the ACLU's appeal in ACLU v. NSA. Consequently, the 6th Circuit's ruling stands.
