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http://hosted.ap.org/dynamic/storie...ME&TEMPLATE=DEFAULT&CTIME=2013-02-26-10-10-24
WASHINGTON (AP) -- A sharply-divided Supreme Court on Tuesday threw out an attempt by U.S. citizens to challenge the expansion of a surveillance law used to monitor conversations of foreign spies and terrorist suspects.
With a 5-4 vote, the high court ruled that a group of American lawyers, journalists and organizations can't sue to challenge the 2008 expansion of the Foreign Intelligence Surveillance Act (FISA) because they can't prove that the government will monitor their conversations along with those of potential foreign terrorist and intelligence targets.
The outcome was the first in the current Supreme Court term to divide along ideological lines, with the conservative justices prevailing.
Justices "have been reluctant to endorse standing theories that require guesswork," said Justice Samuel Alito, who wrote for the court's majority.
Without proof that the law would directly affect them, Americans can't sue, Alito said in the ruling.
Alito also said the FISA expansion merely authorizes, but does not mandate or direct, the government monitoring. Because of that, he said, "respondents' allegations are necessarily conjectural. Simply put, respondents can only speculate as to how the attorney general and the Director of National Intelligence will exercise their discretion in determining which communications to target."
A federal judge originally threw out the lawsuit, saying the plaintiffs lacked standing to sue. But the 2nd U.S. Circuit Court of Appeals reinstated the lawsuit. The Supreme Court was not considering the constitutionality of the expansion, only whether lawyers could file a lawsuit to challenge it in federal court.
Alito re-emphasized that point, saying the decision did not insulate the FISA expansion from judicial review, and he suggested a couple of ways a challenge could be brought to court, including a scenario in which an American lawyer actually did get swept up in FISA monitoring.
"It is possible that the monitoring of the target's conversations with his or her attorney would provide grounds for a claim of standing on the part of the attorney," Alito said. "Such an attorney would certainly have a stronger evidentiary basis for establishing standing than do respondents in the present case."
http://hosted.ap.org/dynamic/storie...ME&TEMPLATE=DEFAULT&CTIME=2013-02-26-10-10-24
WASHINGTON (AP) -- A sharply-divided Supreme Court on Tuesday threw out an attempt by U.S. citizens to challenge the expansion of a surveillance law used to monitor conversations of foreign spies and terrorist suspects.
With a 5-4 vote, the high court ruled that a group of American lawyers, journalists and organizations can't sue to challenge the 2008 expansion of the Foreign Intelligence Surveillance Act (FISA) because they can't prove that the government will monitor their conversations along with those of potential foreign terrorist and intelligence targets.
The outcome was the first in the current Supreme Court term to divide along ideological lines, with the conservative justices prevailing.
Justices "have been reluctant to endorse standing theories that require guesswork," said Justice Samuel Alito, who wrote for the court's majority.
Without proof that the law would directly affect them, Americans can't sue, Alito said in the ruling.
Alito also said the FISA expansion merely authorizes, but does not mandate or direct, the government monitoring. Because of that, he said, "respondents' allegations are necessarily conjectural. Simply put, respondents can only speculate as to how the attorney general and the Director of National Intelligence will exercise their discretion in determining which communications to target."
A federal judge originally threw out the lawsuit, saying the plaintiffs lacked standing to sue. But the 2nd U.S. Circuit Court of Appeals reinstated the lawsuit. The Supreme Court was not considering the constitutionality of the expansion, only whether lawyers could file a lawsuit to challenge it in federal court.
Alito re-emphasized that point, saying the decision did not insulate the FISA expansion from judicial review, and he suggested a couple of ways a challenge could be brought to court, including a scenario in which an American lawyer actually did get swept up in FISA monitoring.
"It is possible that the monitoring of the target's conversations with his or her attorney would provide grounds for a claim of standing on the part of the attorney," Alito said. "Such an attorney would certainly have a stronger evidentiary basis for establishing standing than do respondents in the present case."
