Appeals Court Dismisses ACLU Lawsuit Challenging Bush's Eavesdropping Program

Breaking on Fox, more to follow.

Update: In a 2-1 decision, two Republican appointees on the 6th U.S. Circuit Court of Appeals ruled against allowing the lawsuit. A Democratic appointee judge disagreed, saying it was clear to him that the post-911 warrantless surveillance program aimed at uncovering terrorist activity violated the Foreign Intelligence Surveillance Act of 1978.

Although the Bush administration said in January the program is now overseen by a special federal intelligence court, opponents said that without a court order, the president could resume the spying outside judicial authority at any time.