NSA Might Be In Trouble If Lawsuits Continue To Be Successful. Will Roberts Court Uphold Lower Courts? Doubtful, Suits Will Be Roberts-ized.

Victory Against NSA May Light Fire For Rand Paul’s Potential Massive Class Action Against The Agency

December 17, 2013 by Personal Liberty News Desk 

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Senator Rand Paul (R-Ky.) is likely going to move forward with a Federal lawsuit against the National Security Agency’s surveillance techniques following a legal victory on Monday for conservative activist Larry Klayman in a similar lawsuit.

Paul first floated the idea of filing a class action lawsuit against the NSA in June. A senior Senate staffer told U.S. News that hundreds of thousands of people have since volunteered to be plaintiffs in the case.

From the report:

The senior Paul staffer stressed that Paul is currently evaluating strategy options. If a lawsuit is filed, it would likely be in either D.C. or Kentucky. It’s unclear which Paul-affiliated entity would file the challenge.

“As of now the senator is in the process of finding the best lawyer to file the [possible] suit [and] is still accepting more plaintiffs for the case,” Paul spokeswoman Eleanor May said.

The website of Paul’s political action committee, RANDPAC, currently has a pop-up advertisement that asks prospective plaintiffs to provide their name, email address and ZIP code. The ad says it seeks 10 million plaintiffs and asks for “a generous donation to help rally up to ten million Americans to support my lawsuit to stop Big Brother.”

Regardless of the legal approach selected, the senior staffer said Paul’s footwork to seek plaintiffs should help with possible standing issues, which have historically – although not in the initial Klayman case decision – derailed anti-surveillance lawsuits.

The ruling Judge Richard Leon of the U.S. District Court in Washington, D.C., handed down in Klayman’s case this week  stated that the agency’s actions violate 4^th Amendment protections against unreasonable searches and seizures. Klayman’s suit only named a few original plaintiffs.

If Paul moves forward with his lawsuit it will be the fourth major legal challenge against the NSA, joining lawsuits filed by the Electronic Frontier Foundation and the American Civil Liberties Union

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