Some technical clarification ACLU is seeking an injunction to prevent continued domestic spying. Although that definitely means ACLU is suing the government, it isn't a suit for damages in the usual sense. Technically, the Court should dismiss the ACLU's petition if the defendants file a motion. There are several reasons for this but the most obvious one, to me, is that there generally is no equity jurisdiction (the Court's power to grant an injunction) to restrain criminal violations. It looks to me like grandstanding.
