WASHINGTON – The Supreme Court today rejected without comment the ACLU’s appeal of the 6th Circuit’s dismissal of its challenge to the Bush administration’s warrantless wiretap program. The ACLU claimed that the Terrorist Surveillance Program was illegal and forced it and others, including attorneys, reporters and scholars, to change how they communicate with foreigners.
The 6th Circuit had ruled that the plaintiffs could not prove their communications had been monitored, and so could not prove they had been harmed by the program.
The Bush administration has fought virtually all demands for information about its warrantless wiretaps, though it claims the Terrorist Surveillance Program no longer exists.
The ACLU calls it a Catch-22 situation, as the government insists that the identities of the people it wiretaps are secret, but only people who know they have been wiretapped can sue over the program.
The case is American Civil Liberties Union v. National Security Agency, 07-468.