University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name ACLU v. NSA NS-MI-0002
Docket / Court 06-cv-10204 ( E.D. Mich. )
State/Territory Michigan
Case Type(s) National Security
Special Collection Foreign Intelligence Surveillance Act -- All Matters
Foreign Intelligence Surveillance Act -- Internet Metadata
Foreign Intelligence Surveillance Act -- Telephony Metadata
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Michigan ACLU
Case Summary
On January 17, 2006, a group of organizations including the American Civil Liberties Union (ACLU), and a number of individuals, filed a law suit in the U.S. District Court for the Eastern District of Michigan against the National Security Agency (NSA), under Bivens and the Administrative Procedure ... read more >
On January 17, 2006, a group of organizations including the American Civil Liberties Union (ACLU), and a number of individuals, filed a law suit in the U.S. District Court for the Eastern District of Michigan against the National Security Agency (NSA), under Bivens and the Administrative Procedure Act. The plaintiffs challenged the legality of NSA's Terrorist Surveillance Program (TSP) as violating their free speech and privacy rights as well as the Separation of Powers doctrine. The plaintiffs, represented by the ACLU, asked the court for declaratory judgment and permanent injunction.

The plaintiffs alleged that their regular conduct (e.g., journalism, the practice of law, and scholarship) have been impaired by the TSP, which violated various portions of the U.S. Constitution. The NSA countered that the plaintiffs: (1) lacked standing; and (2) could not establish a prima facie case without the use of state secrets, so that the state secret privilege barred plaintiffs' claims.

On August 17, 2006, the District Court (Judge Anna Diggs Taylor) disagreed with most of the NSA's arguments, and issued a judgment and permanent injunction order: (1) the TSP violated the Separation of Powers doctrine, the Administrative Procedures Act, the First and Fourth Amendments to the U.S. Constitution; and (2) the NSA was enjoined from utilizing the TSP including conducting wireless wiretaps of telephone and internet communication, as violating the Foreign Intelligence Surveillance Act and Title III. The plaintiffs' data-mining claims were denied. The same day, the NSA filed an appeal to the U.S. Court of Appeals for the 6th Circuit.

The 6th Circuit stayed the operation of the the district court's injunction, 467 F.3d 590 (6th Cir., Oct. 4, 2006) and then on July 6, 2007, vacated the District Court's order and remanded the case with instructions to dismiss for lack of jurisdiction. The Court of Appeals found that the plaintiffs lacked standing. 493 F.3d 644 (6th Cir. 2007). On March 3, 2008, the U.S. Supreme Court denied certiorari review. 552 U.S. 1179.

David Cho - 10/05/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Freedom of speech/association
Unreasonable search and seizure
Content of Injunction
Warrant/order for search or seizure
Defendant-type
Jurisdiction-wide
General
Confidentiality
Search policies
Terrorism/Post 9-11 issues
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Type of Facility
Government-run
Causes of Action FISA Title I Warrant (Electronic Surveillance), 50 U.S.C. §§ 1801-1812
Declaratory Judgment Act, 28 U.S.C. § 2201
Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) National Security Agency
Plaintiff Description Non-profit organizations (ACLU, ACLU Foundation, ACLU of Michigan, Council on American-Islamic Relations, Council on American-Islamic Relations Michigan, Greenpeace, National Association of Criminal Defense Lawyers) and concerned citizens.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Michigan ACLU
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
None
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2006 - 2006
Case Closing Year 2007
Case Ongoing No
Additional Resources
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Links Guest Post: New Resource — Civil Rights Litigation Clearinghouse FISA Archives
Just Security
Posted: Jun. 26, 2014
By: Margo Schlanger
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-10204 (E.D. Mich.) 03/03/2008
NS-MI-0002-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 01/17/2006
NS-MI-0002-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion 08/17/2006 (438 F.Supp.2d 754) (E.D. Mich.)
NS-MI-0002-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment and Preliminary Injunction Order 08/17/2006 (E.D. Mich.)
NS-MI-0002-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion [Vacating Order and Remanding Case] 07/06/2007 (493 F.3d 644)
NS-MI-0002-0005.pdf | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Order Dismissing Case 11/28/2007 (E.D. Mich.)
NS-MI-0002-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Batchelder, Alice Moore (Sixth Circuit, N.D. Ohio)
NS-MI-0002-0005
Gibbons, Julia Smith (Sixth Circuit, W.D. Tenn.)
NS-MI-0002-0005
Gilman, Ronald Lee (Sixth Circuit)
NS-MI-0002-0005
Taylor, Anna Katherine Johnston Diggs (E.D. Mich.)
NS-MI-0002-0002 | NS-MI-0002-0003 | NS-MI-0002-0004 | NS-MI-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Beeson, Ann (District of Columbia)
NS-MI-0002-0001 | NS-MI-0002-9000
Costello, Margaret A. (Michigan)
NS-MI-0002-9000
Crump, Catherine (New York)
NS-MI-0002-0001
Goodman, Melissa (New York)
NS-MI-0002-0001
Jaffer, Jameel (New York)
NS-MI-0002-0001 | NS-MI-0002-9000
Moss, Kary L. (Michigan)
NS-MI-0002-0001 | NS-MI-0002-9000
Steinberg, Michael J. (Michigan)
NS-MI-0002-0001 | NS-MI-0002-9000
Defendant's Lawyers Coppolino, Anthony J. (District of Columbia)
NS-MI-0002-9000
Tannenbaum, Andrew H. (District of Columbia)
NS-MI-0002-9000
Other Lawyers Davis, Hugh M. Jr. (Michigan)
NS-MI-0002-9000
Green, Saul A. (Michigan)
NS-MI-0002-9000
Nickelhoff, Andrew A. (Michigan)
NS-MI-0002-9000
Samp, Richard A. (District of Columbia)
NS-MI-0002-9000
Saylor, Larry J. (Michigan)
NS-MI-0002-9000

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