Re:U.S. NSA domestic phone spying program illegal: appeals c...
by ksherlock on Thursday May 07, 2015 @11:00AM
(#9505521)
That's why it's going back to be reviewed but it's not why it was dismissed in the first place.
The government asked for dismissal because
1: The ACLU lacks standing (denied)
2: Sovereign Immunity (upheld but reversed)
3: Bulk collection was authorized by congress (upheld but reversed)
4: bulk collection does not violate 4th or 1st amendments (upheld)
tl;dr: Court: Authorized by congress and constitutional. Appeals Court: Not authorized by congress, therefore we can ignore any constitutional aspects of it.
The government asked for dismissal because
1: The ACLU lacks standing (denied) 2: Sovereign Immunity (upheld but reversed) 3: Bulk collection was authorized by congress (upheld but reversed) 4: bulk collection does not violate 4th or 1st amendments (upheld)
tl;dr: Court: Authorized by congress and constitutional. Appeals Court: Not authorized by congress, therefore we can ignore any constitutional aspects of it.
https://www.aclu.org/files/assets/order_granting_governments...
http://pdfserver.amlaw.com/nlj/NSA_ca2_20150507.pdf