II 111th CONGRESS 1st Session S. 877 IN THE SENATE OF THE UNITED STATES April 23, 2009 Mr. Specter introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide for the non-discretionary Supreme Court review of certain civil actions relating to the legality and constitutionality of surveillance activities.

1.

Mandatory Supreme Court Review of Certain Civil Actions

Chapter 81 of title 28, United States Code, is amended by inserting at the end the following:

1260.

Mandatory supreme court review of certain civil actions concerning surveillance activities

(a)

In General

The Supreme Court shall, if it has not previously ruled on the question, accept jurisdiction over any appeal of an interlocutory or final judgment, decree, or order of a court of appeals in any case challenging the legality or constitutionality of— (1)the President’s Surveillance Program, commonly known as the Terrorist Surveillance Program, as defined in section 301(a)(3) of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (Public Law 110–261); (2)the statutory defenses established in Section 802(a)(4) of the Foreign Intelligence Surveillance Act of 1978, as amended by title II of the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (Public Law 110–261); or (3)any intelligence activity involving communications that was authorized by the President during the period beginning on September 11, 2001, and ending at such time as the activity was approved by a Federal court. (b)

Expedited Consideration

The Supreme Court shall advance on the docket any appeal referred to in subsection (a), and expedite the appeal to the greatest extent possible.

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2.

Clerical Amendment

The chapter analysis for chapter 81 of title 28, United States Code, is amended by inserting at the end the following: Sec. 1260. Mandatory Supreme Court review of certain civil actions concerning surveillance activities. .