Schuchardt v. President of the United States

The district court dismissed, for lack of jurisdiction, a constitutional challenge to an electronic surveillance program operated by the National Security Agency (NSA) under the authority of Section 702 of the Foreign Intelligence Surveillance Act (FISA), 50 U.S.C. 1881a. The court noted that the plaintiff failed to plead facts from which one might reasonably infer that his own communications had been seized by the federal government. The Third Circuit vacated and remanded. The second amended complaint alleged that because the government was “intercepting, monitoring and storing the content of all or substantially all of the e-mail sent by American citizens,” plaintiff’s own online communications had been seized in the dragnet. That allegation sufficiently pleaded standing to sue for a violation of plaintiff’s Fourth Amendment right to be free from unreasonable searches and seizures. Plaintiff may lack actual standing to sue; the government may, on remand to make a factual jurisdictional challenge to that pleading. The alleged facts—even if proven—do not conclusively establish that a dragnet on the scale alleged by plaintiff. On remand, the court must closely supervise limited discovery. View "Schuchardt v. President of the United States" on Justia Law