The majority in a three-judge panel of the United States Court of Appeals for the Sixth Circuit, in Cincinnati, ruled on a narrow ground, saying the plaintiffs, including lawyers and journalists, could not show injury direct and concrete enough to allow them to have standing to sue.
Because it may be impossible for any plaintiff to demonstrate injury from the highly classified wiretapping program, the effect of the ruling was to insulate it from judicial scrutiny. Thus, the program’s secrecy is proving to be its best legal protection.
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