XI v. HAUGEN

No. 21-2798.

68 F.4th 824 (2023)

Xiaoxing XI; Joyce Xi; Qi Li, Appellants v. FBI Special Agent Andrew HAUGEN; John Does; United States of America; Director of Federal Bureau of Investigation; Attorney General United States of America; Director National Security Agency and Chief of the Central Security Service.

United States Court of Appeals, Third Circuit.

(Filed May 24, 2023).


Attorney(s) appearing for the Case

David Rudovsky [ARGUED], Jonathan H. Feinberg , Susan M. Lin , Kairys, Rudovsky, Messing, Feinberg & Lin LLP, 718 Arch Street, Suite 501 South, Philadelphia, PA 19106, Patrick Toomey , Ashley Gorski , Sarah Taitz , American Civil Liberties Union Foundation, 125 Broad Street, 18th Floor, New York, NY 10004, Jonathan Hafetz , Seton Hall Law School, One Newark Center, Newark, NJ 07102, Counsel for Appellants.

Beth S. Brinkmann , Covington & Burling, 850 10th Street NW, One City Center, Washington, DC 20001, Lawrence S. Lustberg , Gibbons, One Gateway Center, Newark, NJ 07102, Robert McNamara , Institute for Justice, 901 N Glebe Road, Suite 900, Arlington, VA 22203, Adam Shelton , Goldwater Institute, 500 East Coronado Road, Phoenix, AZ 85004, Counsel for Amicus Appellants.

Leif Overvold [ARGUED], Brian M. Boynton , H. Thomas Byron III , Sharon Swingle , Attorneys, Appellate Staff, Civil Division, Room 7226, U.S. Department of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530, Counsel for Appellees.

Before: KRAUSE, BIBAS, and RENDELL, Circuit Judges.


OPINION OF THE COURT

Not all rights have remedies, even when they are enshrined in the U.S. Constitution. So where Congress has opted to remedy specific rights in specific circumstances, we hesitate to interfere with that judgment by implying our own remedies or restricting those provided by Congress in ways it never...

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