Supreme Court Refuses To Review Warrantless Wiretapping Case

February 19, 2008 12:00 am


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Ruling Allows Executive Branch To Police Itself, Says ACLU

NEW YORK – The U.S. Supreme Court today refused to review a legal challenge to the Bush administration’s warrantless surveillance program. The case was brought by the American Civil Liberties Union on behalf of prominent journalists, scholars, attorneys and national nonprofit organizations who say that the unchecked surveillance program is disrupting their ability to communicate effectively with sources and clients. The court’s decision today lets stand an appeals court’s ruling on narrow grounds that plaintiffs could not show with certainty that they had been wiretapped by the National Security Agency.

The following quote can be attributed to Jameel Jaffer, Director of the ACLU’s National Security Project:

“Congress enacted the Foreign Intelligence Surveillance Act intending to protect the rights of U.S. citizens and residents, and the president systematically broke that law over a period of more than five years. It’s very disturbing that the president’s actions will not be reviewed by the Supreme Court. It shouldn’t be left to executive branch officials alone to determine what limits apply to their own surveillance activities and whether those limits are being honored. Allowing the executive branch to police itself flies in the face of the constitutional system of checks and balances.”

The following quote can be attributed to Steven R. Shapiro, Legal Director of the ACLU:

“Although we are deeply disappointed with the Supreme Court’s refusal to review this case, it is worth noting that today’s action says nothing about the case’s merits and does not suggest in any way an endorsement of the lower court’s decision. The court’s unwillingness to act makes it even more important that Congress insist on legislative safeguards that will protect civil liberties without jeopardizing national security.”

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