Bush-Era Wiretapping Case Killed Before Reaching Supreme Court

A federal appeals court’s August ruling in which it said the federal government may spy on Americans’ communications without warrants and without fear of being sued won’t be appealed to the Supreme Court, attorneys in the case said Thursday.

The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals this summer reversed the first and only case that successfully challenged then-President George W. Bush’s once-secret Terrorist Surveillance Program. In December, the San Francisco-based appeals court — the nation’s largest — declined to revisit its decision — making the case ripe for an appeal to the Supreme Court.

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