[2] The case withstood retroactive changes brought by the Congressional response to the NSA warrantless surveillance program.

The district court found that the Foreign Intelligence Surveillance Act preempted the state secrets privilege and waived sovereign immunity for damages under 50 U.S.C.S.

[1] On March 31, 2010, Chief Judge Vaughn R. Walker granted partial summary judgment in favor of the plaintiffs,[4] because 50 U.S.C.S.

§ 1810 has no explicit waiver of sovereign immunity, and on 21 December awarded $2.5 million in attorneys' fees and about $41,000 to two of the three plaintiffs.

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