US Supreme Court refuses to hear case against warrantless wiretapping

The ACLU and other civil liberties groups brought the case on behalf of several individuals, including lawyers who argued that correspondence with their clients had been hindered or intercepted by the program. In August 2006, Judge Anna Diggs Taylor of the US District Court in Detroit ruled that the program violates the First and Fourth Amendments of the US Constitution, the separation of powers, and FISA.

In July 2007, the Sixth Circuit Court of Appeals overturned the district court’s decision. The appellate court ruled that the ACLU and other groups and individuals do not have standing to challenge to government operation because they could not demonstrate that they had been directly affected. The Supreme Court action on Tuesday means that the appellate court decision will stand.

ACLU Legal director Steven Shapiro noted that the challengers were caught in a “Catch-22.” The government has refused to identify the individuals targeted by the NSA program, on the grounds that this information constitutes a “state secret.” However, the appellate court decision upheld the government’s argument that only those who could prove they had been specifically targeted by the program could have standing to sue.