Jewel v. National Security Agency

OPINION

McKEOWN Circuit Judge:

This appeal is the second trip to our court for a group of plaintiffs in their long- running statutory and constitutional challenges to government surveillance programs. In the last appeal, we reversed the district court’s dismissal of all claims on standing grounds and remanded for further proceedings, including determination of whether the “claims are foreclosed by the state secrets privilege.” Jewel v. Nat'l Sec. Agency, 673 F.3d 902, 905 (9th Cir.2011). Several years of further proceedings have yet to produce a final judgment. Most recently, the district court…