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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Finally, A Judge Enforces The Fourth Amendment! Will It PassSupreme Court Scrutiny Or Will It Get Robertized?

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Home / Constitution / 1st Amendment / BREAKING: JUDGE RULES NSA DATA GATHERING UNCONSTITUTIONAL

BREAKING: JUDGE RULES NSA DATA GATHERING UNCONSTITUTIONAL

By Robert Gehl on December 16, 2013 Subscribe to Robert Gehl's Feed

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BREAKING NEWS UPDATE:

Score one victory for privacy rights.

A federal judge ruled Monday that the NSA’s program of collecting information on all telephone calls made within the US is unconstitutional.

District Court Judge Richard Leon ruled that the NSA’s actions violate the Fourth Amendment protection against unreasonable searches and seizures. He also ruled the Justice Department has failed to prove collecting “metadata” on telephone calls has helped to thwart terrorist attacks.

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The ruling contains a preliminary injunction barring the NSA from collecting the metadata of the plaintiff in the case, Larry Klayman, but the judge stayed the case to allow for an appeal.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,” wrote Leon, an appointee of President George W. Bush.

Leon’s 68-page ruling can be found here.