U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number

06-17132, 06-17137


Case Updates

Ninth Circuits returns case to district court to review

August 21, 2008

The Court returned this case to the district court to review in light of the recent Foreign Intelligence Surveillance Act Amendments Act of 2008. The district court previously ruled that the state secrets doctrine does not bar litigation of the NSA’s “Terrorist Surveillance Program” and its alleged program to collect call records from telecommunications carriers.

U.S. Chamber urges Ninth Circuit to reverse erronneous determination of state secrets doctrine

March 20, 2007

NCLC urged the Ninth Circuit to reverse the district court’s erroneous determination that the state secrets doctrine does not bar litigation of the National Security Agency’s Terrorist Surveillance Program and its alleged call records program. In its brief, NCLC noted that 85% of the nation’s critical infrastructure is in private hands and that the government and the private sector have cooperated to safeguard that infrastructure. If private entities can be sued when the plaintiff disagrees with the government’s national security policy, then that cooperation may be undermined.

Case Documents