Supreme Court Doesn’t Want to Hear About This NSA Lawsuit

Supreme Court Doesn’t Want to Hear About This NSA Lawsuit


The Supreme Court doesn’t want to hear about the NSA’s problems. Well, at least not for now. On Monday, activist, Larry Klayman, tried to fast-track his NSA lawsuit directly to the Supreme Court by skipping the typical appeals process. That was a firm “no” by SCOTUS.


That’s not an unusual response, but Klayman feels concerned that a more NSA-friendly case will reach the Supreme Court before his does. That would be in reference to another NSA lawsuit that, well, remember back in December when a judge ruled that the NSA spying program was legal? It’s that one. The Supreme Court can’t run away from the NSA’s problems forever but it can be delayed for months before it reaches them.


According to U.S. News, Klayman “made his push for a Supreme Court decision because he fears the Obama administration wants to have the New York case reviewed first, because it favors the government’s position. Klayman contends the Justice Department is trying to stretch out the appeals process in his case. He says that the Supreme Court should not wait for the appeals process to play out, given the enormous consequences of the government’s “outrageous intrusion of privacy” and the loss of constitutional freedoms.”

The judge in charge of the New York case had the following reservations about the NSA program, but that didn’t stop him from declaring the NSA lawful:

Judge Pauley said his ruling did not mean it was right to continue with the program, which he acknowledged was a “blunt tool” that “imperils the civil liberties of every citizen” if unchecked.

“While robust discussions are under way across the nation, in Congress, and at the White House, the question for this court is whether the government’s bulk telephony metadata program is lawful. The court finds it is,” he wrote. “But the question of whether that program should be conducted is for the other two coordinate branches of government to decide.” (The Guardian)

Judge Pauley does bring up a valid point but while Obama has proposed an end to the NSA’s bulk collection of phone metadata, that doesn’t mean the NSA won’t have access to it anymore. It’ll just take a little more effort. The information will still be held by service providers. In addition to that, there’s a concern that telecoms will now be compelled by court order to start logging more information about their customers.

President Barack Obama’s plan for overhauling the National Security Agency’s phone surveillance program could force carriers to collect and store customer data that they are not now legally obliged to keep, according to U.S. officials. (Reuters)

This is just speculation but the same could be said about Obama’s proposed NSA reforms….. The Supreme Court may be postponing The Talk about the NSA’s problems, but it’ll get there. Judge Pauley may be dismissive about what the judicial branch of government can do, but it might be the only way to stir some genuine action to take place.

In related news, Rand Paul and FreedomWorks has moved forward to the next step in their NSA lawsuit by filing a motion for a class-action certification. Rand Paul’s challenge to the NSA is still on!

Show your support for Rand’s NSA lawsuit in the comments below or by sending us a tweet. Are you more hardcore in your support? Then drop by Facebook!

(Photo courtesy of Anderson Mancini, via Flickr CC BY 2.0)


WATCH: An Update From Ken Cuccinelli on the NSA Lawsuit at FreePAC Kentucky 2014
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