AP reports:
A federal appeals court on Friday ordered the dismissal of a lawsuit challenging President Bush’s domestic spying program, saying the plaintiffs had no standing to sue.
The 2-1 ruling by the 6th U.S. Circuit Court of Appeals panel was not on the legality of the surveillance program. But it vacated an order by a lower court in Detroit last Augist that the post-911 warrantless surveillance aimed at uncovering terrorist activity was unconstitutional, violating rights to privacy and free speech and the separation of powers.
UPDATE: Scholars and Rogues has more.
UPDATE II: Reaction from Senate Judiciary chairman Patrick Leahy (D-VT):
The Court’s decision is a disappointing one that was not made on the merits of the case, yet closed the courthouse doors to resolving it. I hope the Bush Administration will finally provide the information requested by Congress regarding the constitutional and legal questions about this program so that those of us who represent the American people can get to the bottom of what happened and why. There is a dark cloud over the White House’s warrantless wiretapping program, and a full response to the outstanding subpoena from the Senate Judiciary Committee by this Administration would be a good start to clearing the air and moving forward in ways that allow us to better protect against terrorists while honoring the rule of law and the liberties of law-abiding Americans.
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