And why would they? But can they prevent it?
US government attorneys argue that the Supreme Court does not have the jurisdiction to take the case, filed in July by the Electronic Privacy Information Center (EPIC).
EPIC believes the NSA overstepped its authority by carrying out broad communications monitoring and surveillance worldwide, and demanded the program be stopped.
A US Supreme Court decision to take the case would be “a drastic and extraordinary remedy that is reserved for really extraordinary causes,” argued Donald Verrilli, an administration lawyer, in a statement released late Tuesday.
The US administration also believes the EIPC suit cannot move forward because it argues the court lacks authority under the 2001 Patriot Act to weigh in on the legality of NSA activities.
“This court lacks jurisdiction to issue a writ of certiorari to the Foreign Intelligence Surveillance Court,” the secret intelligence affairs court, Verrilli added.