The American Civil Liberties Union is urging a federal appellate court to continue its challenge to the Bush administration's domestic spying program.

The Bush administration appealed to the court after a federal judge in Detroit ruled the program was unconstitutional.

But the administration now says the case is moot and should be dismissed since the surveillance is monitored by a secret court.

Attorney General Alberto Gonzales has said the judges who oversee the program are reviewing applications to spy on people believed to be linked to al-Qaida, and there is no longer any controversy.

But the A-C-L-U says the administration might return to surveillance outside the secret panel without a court order against it.