The Justice Department urged the Supreme Court to...
The Justice Department urged the Supreme Court to decide not to hear the Electronic Privacy Information Center’s legal challenge to the government’s phone records collection program, in a response released Monday (http://bit.ly/16dVmzk). In July, EPIC filed a petition to the…
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high court, arguing the Foreign Intelligence Surveillance Court does not have authority to grant the National Security Agency’s request to collect large swaths of phone records (http://bit.ly/157CHF7). The Justice Department’s response argued the Supreme Court does not have the jurisdiction to hear EPIC’s petition questioning the legality of the NSA’s program. To do so would require the Supreme Court to issue a direct order to a lower court, a power reserved for “extraordinary causes,” the response said. In this case, “the proper course would be to file suit in a federal district court,” the response said. Other organizations, such as the Electronic Frontier Foundation and American Civil Liberties Union, have filed similar petitions through this process already (CD July 17 p4).