Lawyers for the Electronic Frontier Foundation and American Civil Liberties Union are still working on legal challenges if the Senate passes the House’s FISA bill with telecom immunity.
One option, though I don’t see how it will fly, would be to claim the immunity clause violates the separation of powers between branches of government. Frankly, I think a judge would not only reject that, but if there’s some version of rejecting that with prejudice, would do so.
There’s multiple Senate amendments out there, but, as the story notes, when Chris Dodd tried to strip immunity from the original Senate bill, that got only 31 votes.
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