In July, Eisenberg, representing an Islamic nonprofit, convinced a federal judge in San Francisco that the Bush administration couldn't use the state secrets privilege to dismiss a lawsuit challenging Bush's warrantless wiretapping program. But Chief Judge Vaughn R. Walker knocked the lawsuit out anyway, giving plaintiffs the opportunity to file a new complaint without relying on classified information. Now, Eisenberg and his co-counsel have done just that, hoping to show with nonconfidential information that the Al-Haramain Islamic Foundation was indeed spied on and that it should be allowed to proceed with the case. Eisenberg was also co-counsel on a case decided last month before the state Supreme Court, which found that physicians must offer services to gays and lesbians despite religious objections or find a colleague in their office who will do so.
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