A federal appeals court removed a serious legal challenge to the Bush administration's warrantless wiretapping program yesterday, overruling the only judge who held that a controversial surveillance effort by the National Security Agency was unconstitutional. Two members of a three-judge panel ... ordered the dismissal of a major lawsuit that challenged the wiretapping, which President Bush authorized secretly to eavesdrop on communications ... shortly after the Sept. 11, 2001, attacks. The court did not rule on the spying program's legality. Instead, it declared that the American Civil Liberties Union and the others who brought the case -- including academics, lawyers and journalists -- did not have the standing to sue because they could not demonstrate that they had been direct targets of the clandestine surveillance. The decision vacates a ruling in the case made last August by a U.S. District Court judge in Detroit, who ruled that the administration's program to monitor private communications violated the Bill of Rights and a 1970s federal law. Steven R. Shapiro, the ACLU's legal director, said: As a result of today's decision, the Bush administration has been left free to violate the Foreign Intelligence Surveillance Act, which Congress adopted almost 30 years ago to prevent the executive branch from engaging in precisely this kind of unchecked surveillance."

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