ACLU v. NSA
ACLU v. NSA was a decision by the Court of Appeals for the Sixth Circuit, written by conservative Judge Alice Batchelder, which deferred to presidential authority in authorizing unwarranted wiretaps of overseas communications.
Judge Batchelder wrote (p. 26):
- The plaintiffs allege that the President, as an actor in our tripartite system of government, exceeds his constitutional authority by authorizing the NSA to engage in unwarranted wiretaps of overseas communications under the TSP. But this court, not unlike the President, has constitutional limits of its own and, despite the important national interests at stake, cannot exceed its allotted authority. ... It would ill behoove us to exceed our authority in order to condemn the President or Congress for exceeding theirs.