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Supreme Court blocks challenge to NSA phone tracking

Published time: November 18, 2013 15:42
Edited time: November 18, 2013 16:17
Reuters / Jonathan Ernst

Reuters / Jonathan Ernst

The Supreme Court announced Monday morning that it would not be considering at this time a complaint filed months earlier that challenged the legality of the National Security Agency’s dragnet telephone surveillance program.

The high court issued a notice early Monday without comment acknowledging that it would not be weighing in on a matter introduced this past June by a privacy watchdog group after NSA leaker Edward Snowden revealed evidence showing that the United States intelligence agency was collecting metadata pertaining to the phone calls of millions of American customers of the telecommunications company Verizon on a regular basis.

That disclosure — the first of many NSA documents leaked by Mr. Snowden — prompted the Washington, DC-based Electronic Privacy Information Center, or EPIC, to ask the Supreme Court to consider taking action that would end the collection of phone records on a major scale.

When EPIC filed their petition in June, they wrote, “We believe that the NSA’s collection of domestic communications contravenes the First and Fourth Amendments to the United States Constitution, and violates several federal privacy laws, including the Privacy Act of 1974 and the Foreign Intelligence Surveillance Act of 1978 as amended.”

We ask the NSA to immediately suspend collection of solely domestic communications pending the competition of a public rulemaking as required by law. We intend to renew our request each week until we receive your response,” EPIC said.

Five months later, though, the Supreme Court said this week that it would not be hearing EPIC’s plea. A document began circulating early Monday in which the high court listed the petition filed by the privacy advocates as denied.

With other cases still pending, however, alternative routes may eventually lead to reform of the NSA’s habits on some level. Lower courts are still in the midst of deciding what action they will take with regards to similar lawsuits filed by other groups in response to the Snowden leaks and the revelations they made possible. The American Civil Liberties Union, the Electronic Frontier Foundation and conservative legal activist Larry Klayman have filed separate civil lawsuits in various US District Courts challenging the NSA’s program, all of which are still pending.

Cindy Cohn, the legal director of the EFF, told the Washington Post only weeks after the first Snowden leak appeared that the disclosures had been a “tremendous boon” to other matters being litigated, and pointed to no fewer than five previously-filed complaints challenging various government-led surveillance programs.

"Now that this secret surveillance program has been disclosed, and now that Congressional leaders and legal scholars agree it is unlawful, we have a chance for the Supreme Court to weigh in,” EPIC lead counsel Alan Butler told The Verge on Monday.

Comments (32)


B Sacks 07.12.2013 19:54

US Supreme Court Justices are about as corrupt as the secretive FISA court itself. Actually John Q. Public cannot attend US Supreme Court hearings. Sounds familiar -just like FISA Courts and how they secretly operate. Wink wink!

The USA is a 'beacon' alright, but not for 'freedom' or 'democracy'. It's a beacon for CORRUPTION that's all..


AJC1973 21.11.2013 02:24

Austin Gabriel Fisher 18.11.2013 20:04

This is going against the First Amendment. How can not the Supreme Court get involved?


because it doesnt have original jurisdiction in the case, it has to be according to Art iii us constitution tried in the lower courts first, then if there is no solution move on to the supreme court.

you people need to read all the constitution not just the first ten amendments


AJC1973 21.11.2013 02:22

Sean Taylor 18.11.2013 20:39

For the love of god we need a purge of our judicial system. Since when was it okay for our government to be caught wiping its crack with the Constitution? It starts to make me sick that I fought for these evil people.


Its not time for the supreme court to take this case not until the lower courts have a chance to decide... original jurisdiction is according to the constitution only allowed for the Supreme court when affecting ambassadors and other public ministers and consuls and when there are disputes between the states

Check out Art III US constitution

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