Mar 242011
 March 24, 2011  Posted by  Court, Surveillance

Orin Kerr comments on the Second Circuit decision in a FISA lawsuit, mentioned earlier this week on this blog.

On Monday, the Second Circuit handed down a very important decision on standing to challenge secret surveillance programs in Amnesty International USA v. Clapper. The decision, by Judge Gerard Lynch and joined by Judges Calabresi and Sack, offers a very easy way for plaintiffs to have Article III standing to challenge secret surveillance statutes. The opinion strikes me as puzzling, however, and it appears to be in conflict with other Courts of Appeals cases on standing to challenge surveillance regimes. I suspect Supreme Court review is a serious possibility.

Read his commentary on The Volokh Conspiracy.

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