The Wilsons sued over her outing as a CIA agent.

A 2-1 panel of the D.C. Circuit today upheld an order dismissing the claims of Valerie Plame Wilson and her husband against Vice President Richard B. Cheney, former Senior Advisor to the President Karl C. Rove, former Assistant to the President and Chief of Staff to the Vice President I. Lewis "Scooter" Libby, Jr., and ex-Deputy Secretary of State Richard L. Armitage. 

The claims arose out of disclosure of her status as a covert operative for the Central Intelligence Agency in a July 14, 2003, column in The Washington Post and other papers by Robert Novak.  The majority held that the potential partial availability of remedies under the Privacy Act and considerations of national security, among other things, precluded recognition of a constitutional cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971).  The court also concluded that the political question doctrine didn’t apply and affirmed dismissal of common law tort claims.   Wilson v. Libby, No. 07-5257 (D.C. Cir. Aug. 12, 2008).

The panel consisted of Chief Judge Sentelle and Circuit Judges Henderson and Rogers.  The Chief Judge wrote the majority opinion, and Circuit Judge Rogers authored a dissent on the Bivens issue.

The Washington Post published an Associated Press article.  Took ’em long enough.

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