Spy, Spy Away

So much for the lawsuit against the NSA wiretapping program:

In a 2-1 decision, two Republican appointees on the 6th U.S. Circuit Court of Appeals ruled against allowing the lawsuit. A Democratic appointee judge disagreed, saying it was clear to him that the post-911 warrantless surveillance program aimed at uncovering terrorist activity violated the Foreign Intelligence Surveillance Act of 1978.

Although the Bush administration said in January the program is now overseen by a special federal intelligence court, opponents said that without a court order, the president could resume the spying outside judicial authority at any time.

The ruling Friday vacates an order by a U.S. District Court in Detroit last August that found the surveillance unconstitutional, violating rights to privacy and free speech and the separation of powers.

Reason coverage of the NSA scandal starts here.