6th Circuit allows warrantless surveillance to continue for now
– firstamendmentcenter.org: news
CINCINNATI — The Bush administration may continue its warrantless surveillance program while it appeals a judge’s ruling that the program is unconstitutional, a federal appeals court ruled yesterday.
The president says the program is needed in the war on terrorism; opponents say it oversteps constitutional boundaries on free speech, privacy and executive powers.
The unanimous ruling by a three-judge panel of the 6th U.S. Circuit Court of Appeals allows the program to continue during the appeal, which could take months.
In their brief order in ACLU v. National Security Agency, the judges said they balanced the likelihood of success of an appeal, the potential damage to either side and the public interest.
The American Civil Liberties Union, which filed the lawsuit challenging the program in January, says it hopes for a ruling by the end of the year.
“We are confident that when the 6th Circuit addresses the merits of this case, it will agree that warrantless wiretapping of Americans violates the law and is unconstitutional,” Melissa Goodman, an ACLU attorney, said in a news release. [Read on]