From www.scotusblog.com/movabletype :
Saturday, April 14, 2007
Narrower role for Court on electronic spying?
10:06 AM Lyle Denniston
The Bush Administraton's draft of proposed new legislation on electronic spying to gather foreign intelligence would narrow significantly the role that the Supreme Court now has to hear challenges by targets of this kind of surveillance. The draft bill was made public on Friday. The text can be found here. It has not yet been introduced formally in Congress. A description and analysis of changes that would be made in existing law can be found beginning on page 51 of the text.
The Administration's current program of electronic surveillance of suspected foreign threats is under challenge in a lengthy list of cases in the regular federal courts. A key one, for example, is awaiting a ruling by the Sixth Circuit Cour based in Cincinnati, involving constitutional challenges to the controversial program by individuals and groups that believe they were targeted for overhearding of their international communications. Another case is pending in the Ninth Circuit Court based in San Francisco.
Under existing law, the Supreme Court would have full authority to hear appeals by either side in any of those cases, employing the usual certiorari process.
The draft bill, however, seeks to bar almost any role for lower federal courts in hearing challenges to such eavesdropping, and to circumscribe appeals to the Supreme Court.
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