Supreme Court of the United States · Official docket →
American Civil Liberties Union v. United States
Paid petition · United States Foreign Intelligence Surveillance Court of Review, No. Misc. 20-02 · judgment November 19, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Congress created the Foreign Intelligence Surveillance Court (“FISC”) in 1978 to oversee electronic surveillance conducted for foreign intelligence purposes. The FISC’s role was originally narrow, but today, as a result of legislative changes and new technology, the court evaluates broad programs of surveillance that can have profound implications for Americans’ privacy, expressive, and associational rights. The court’s opinions frequently include significant interpretations of statutory and constitutional law. Petitioner filed motions with the FISC asserting that the First Amendment provides a qualified right of public access to FISC opinions containing significant legal analysis—even if portions of the published opinions must be redacted. The FISC rejected one of these motions on the merits. Subsequently, in this case, the FISC and the Foreign Intelligence Surveillance Court of Review (“FISCR”) both held that they lack jurisdiction even to rule on Petitioner’s constitutional claim. The questions presented are:
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Whether the FISC, like other Article III courts, has jurisdiction to consider a motion asserting that the First Amendment provides a qualified public right of access to the court’s significant opinions, and whether the FISCR has jurisdiction to consider an appeal from the denial of such a motion.
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Whether the First Amendment provides a qualified right of public access to the FISC’s significant opinions.
Counsel of record
For petitioner
Theodore B. Olson
Gibson Dunn & Crutcher LLP
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
7 cert-stage
Argument & decision
Decided November 1, 2021.
Proceedings
- Nov 01 2021Petition DENIED. Justice Gorsuch, with whom Justice Sotomayor joins, dissenting from the denial of certiorari. (Detached Opinion)
- Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
- Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
- Sep 15 2021DISTRIBUTED for Conference of 10/8/2021.
- Sep 14 2021Reply of petitioner American Civil Liberties Union filed. (Distributed)
- Aug 27 2021Brief of respondent United States in opposition filed.
- Jul 15 2021Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2021.
- Jul 14 2021Motion to extend the time to file a response from July 28, 2021 to August 27, 2021, submitted to The Clerk.
- Jun 22 2021Motion to extend the time to file a response is granted and the time is further extended to and including July 28, 2021.
- Jun 21 2021Motion to extend the time to file a response from June 28, 2021 to July 28, 2021, submitted to The Clerk.
- May 27 2021Brief amici curiae of Former United States Magistrate Judges filed.
- May 27 2021Brief amici curiae of The Brennan Center for Justice at NYU School of Law and Americans for Prosperity Foundation filed.
- May 27 2021Brief amicus curiae of Microsoft Corporation filed.
- May 27 2021Brief amicus curiae of Professor Stephen I. Vladeck filed.
- May 27 2021Brief amici curiae of Reporters Committee for Freedom of the Press and 34 Media Organizations filed.
- May 27 2021Brief amicus curiae of Project for Privacy & Surveillance Accountability filed.
- May 27 2021Brief amici curiae of Former Government Officials filed.
- May 11 2021Blanket Consent filed by Petitioner, American Civil Liberties Union
- Apr 30 2021Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
- Apr 29 2021Motion to extend the time to file a response from May 27, 2021 to June 28, 2021, submitted to The Clerk.
- Apr 19 2021Petition for a writ of certiorari filed. (Response due May 27, 2021)