November 1, 2012
LAWFARE ATTACKS STANDING: The Supreme Court heard oral arguments Monday on Clapper v. Amnesty International, an important case that requires the Court to decide whether lawyers and journalists who “fear” government surveillance of their conversations with foreigner terror suspects have standing to challenge the law allowing such surveillance (the Foreign Intelligence Surveillance Act, or FISA). The case is considered to be part of a “lawfare” effort by the far left to undermine U.S. efforts in the war on terror.
Normally, such “fear” won’t give rise to an active “case or controversy” required by the Constitution to allow adjudication, but the plaintiffs in Clapper argue that an exception should be made because if such surveillance occurs, it would be secret, and they would never know that they’d been injured.
A great summary of the case is available here.