|Yesterday's action in the 6th Circuit means that the principal remaining legal challenge to the NSA surveillance program is a group of cases pending before a U.S. District Court judge and the U.S. Court of Appeals for the 9th Circuit in California. |
The primary issue before that appeals court, differing somewhat from that in the Michigan case, is whether the administration may claim that a privilege covering state secrets precludes the litigation.
The eavesdropping program -- first revealed by news accounts in late 2005 and the subject of intense political wrangling since then -- is one aspect of a broad assertion of presidential power by Bush in the past six years to justify policies meant to deter terrorism here and abroad.
It's a shallow victory though .... it's a shame that it even had to come to this. Organizations like the ACLU shouldn't be involved in influencing National Security policy.