Decision of Interest on Standing: Second Circuit Denies En Banc Review in Amnesty Int'l v. Clapper

We covered earlier the Second Circuit’s decision in Amnesty International v. Clapper, 638 F.3d 118 (2d Cir. 2011), which held that the plaintiffs -- various attorneys, journalists, and labor, legal, media, and human rights organizations -- had standing to challenge federal wiretapping procedures.

Yesterday the full Second Circuit refused to rehear the case, evenly dividing in a 6-6 vote. The order denying rehearing was accompanied by five separate opinions.

For additional coverage see N.Y. Times (Eric Lichtblau) and Volokh Conspiracy (Orin Kerr).

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