The more current or former DC insiders fight against what's going on the better.
E.g. Rasul v. George W. Bush (http://en.wikipedia.org/wiki/Rasul_v._Bush).
I mean looking cursorily at the filing, a Bivens action is the right vehicle for this. Anybody with some more insight want to tell me why it won't work?
> In the United States, the federal government has sovereign immunity and may not be sued unless it has waived its immunity or consented to suit.
http://en.wikipedia.org/wiki/Sovereign_immunity_in_the_Unite....
See: https://en.wikipedia.org/wiki/Bivens_v._Six_Unknown_Named_Ag....
Sovereign immunity prevents you from suing the government, in its capacity as the government, unless it consents to the suit. It does not prevent you from suing public officials either for an injunction, or in limited cases (as in Bivens) for damages.
But even in England, the King would hear certain claims for relief, out of the goodness of his heart. That evolved into the modern idea that the U.S. can consent to be sued, and various statutes of Congress have consented (waived sovereign immunity) for various types of suits. One of those is tort claims (e.g. negligently running over your dog). That's why the DOJ and NSA can be sued for intentional infliction of emotional distress. That's a tort and the FTCA waives immunity with respect to many torts.
The President, etc, are not the U.S. They're just people. They have certain immunities, but they are not protected by sovereign immunity. But that's not enough. For a suit you also need a cause of action (something has to create your right to bring a specific kind of suit). Usually, it's a statute that gives you the right to sue. The case Bivens says that for certain rights that cannot be vindicated any other way, the Constitution itself creates the necessary cause of action.
Given his history since leaving DOJ, and particularly since being dumped from (and then suing) Judicial Watch, I'd be less than confident of that.
> I mean looking cursorily at the filing, a Bivens action is the right vehicle for this. Anybody with some more insight want to tell me why it won't work?
It is a class action which doesn't appear to identify a class with a viable test to determine whether someone is or is not part of the class. Leaving aside whether or not it states viable causes of action, it seems quite likely to fail as a class action, and not at all unlikely to fail entirely on standing grounds for failure to state a particularized harm.
I agree its likely to fail. I don't think it'll be a one line dismissal is all.
It's worth noting that if CISPA passed, it would be. Everybody is immune for anything "in good faith" under CISPA.