Bush appointed appeals court tosses domestic spying lawsuit

July 6, 2007

Washington, DC - A Republican slanted federal appeals court on Friday ordered the dismissal of a pending ACLU lawsuit challenging President Bush's domestic spying program, saying the plaintiffs had no standing to sue.

In a 2-1 vote, two Bush appointees of the 6th U.S. Circuit Court of Appeals in Cincinnati concluded a coalition of journalists, scholars, and legal advocates had no legal "standing" to pursue their claims, since they have not been able to show they may have been personally targeted by the National Security Agency's (NSA) warrantless spying program, which was designed to monitor domestic terrorist activity.

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.

The Justice Department argued it had constitutional protection under the state secrets privilege.

"The plaintiffs have not shown that they were actually the target of, or subject to, the NSA's surveillance," wrote Judge Alice Batchelder. "They cannot establish they are 'aggrieved persons.'"

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