For its next term this fall, the Supreme Court has agreed to review an appeals court decision that found the ACLU and other groups had standing to challenge an amendment to the Foreign Intelligence Surveillance Act (FISA) passed in 2008, which gave the US government power to monitor electronic communications between US citizens and foreigners located outside the US without a warrant.
In 2008, the ACLU sued to stop implementation of the FISA amendment, arguing that warrantless wiretapping violated Americans’ privacy rights. A lower court ruled that the ACLU and other groups did not have standing to challenge the FISA amendment.
However, an appeals court ruled that the ACLU and the other groups had standing and could challenge the law.
“The appeals court properly recognized that our clients have a reasonable basis to fear that the government may be monitoring their conversations, even though it has no reason to suspect them of having engaged in any unlawful activities”, said Jameel Jaffer, ACLU deputy legal director and lead counsel in the case.
The Justice Department asked the Supreme Court to overturn the appeals court ruling. “Respondents’ inability to show an imminent interception of their communications cannot be cured by the asserted chilling effect resulting from their fear of such surveillance”, the government argued in its petition.
“The constitutionality of the government’s surveillance powers can and should be tested in court. We are hopeful that the Supreme Court will agree”, Jaffer asserted.