McMurray

Joe McMurray and other residential telephone and internet customers (collectively “McMurray”) appeal from the district court’s dismissal of their complaint against government officials and a group of telecommunications companies. McMurray challenges section 802 of the Foreign Intelligence Surveillance Act (“FISA”) as an unconstitutional taking under the Fifth Amendment. Section 802 allows the U.S. Attorney General to certify that a telecommunications company provided assistance at the behest of the government in connection with investigation of terrorism, thereby triggering immunity from suit for that company. McMurray rests his takings claim on the theory that *931 application of § 802 requires dismissal of his case and thereby negates his causes of action under various federal statutes. We affirm the district court’s dismissal of McMurray’s Takings Clause claim for lack of jurisdiction.

Background

In 2005, the news media reported that President Bush, in the wake of the September 11, 2001 terrorist attacks, ordered the National Security Agency (“NSA”) to conduct warrantless eavesdropping and the NSA obtained the assistance of major telecommunications companies to do…