SCOTUS Says Domestic Spying Is Too Secret To Be Challenged in Court

Abusive government behavior has again been found to be too sensitive to national security to face legal challenges in the court system. Last week, the U.S. Supreme Court declined to review a lower court's dismissal of the Wikimedia Foundation's lawsuit against a National Security Agency surveillance program revealed a decade ago by Edward Snowden. With "state secrets privilege" barring litigation, that leaves upcoming congressional debates over renewal of the law authorizing the program as the only recourse for civil liberties advocates.

"The U.S. Supreme Court today denied the Wikimedia Foundation's petition for review of its legal challenge to the National Security Agency's (NSA) 'Upstream' surveillance program," Wikimedia announced February 21. "Under this program, the NSA systematically searches the contents of internet traffic entering and leaving the United States, including Americans' private emails, messages, and web communications. The Supreme Court's denial leaves in place a divided ruling from the U.S. Court of Appeals for the Fourth Circuit, which dismissed Wikimedia's case based on the government's assertion of the 'state secrets privilege.'"