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Brief in Support of Certiorari
U.S. Supreme Court
Similar to our amicus brief in FBI v. Fazaga, we argue access to the courts through civil litigation is a vital safeguard for the vindication of constitutional rights implicated by foreign intelligence surveillance. Congress originally enacted FISA to provide judicial review of these surveillance efforts. However, experience shows the other avenues—FISC proceedings and suppression efforts in criminal prosecutions—do not function as reliable checks on the government. Without the avenue of civil litigation, there will be few, if any, effective means of checking unconstitutional abuses by foreign intelligence surveillance authorities.
Filed with Clause 40 Foundation, Brennan Center for Justice, Electronic Frontier Foundation (EFF), Electronic Privacy Information Center, FreedomWorks Foundation, Project for Privacy and Surveillance Accountability, and TechFreedom.
Petition for certiorari denied February 21, 2023.
We thank David M. Gossett, Chris Swift, and Meenakshi Krishnan of Davis Wright Tremaine LLP for their pro bono work on this case.
Brief in Support of Certiorari
U.S. Supreme Court
In this amicus brief, we argue the avenue of civil litigation is a critical safeguard for the constitutional rights implicated by foreign intelligence surveillance. Congress originally enacted FISA to provide judicial review of these surveillance efforts. However, experience shows that the judicial review mechanisms established under FISA are largely inadequate—and in this litigation, the government seeks to narrow the scope of judicial review under FISA even further. To assist the Court, this brief focuses on the ways in which FISA’s other judicial review mechanisms have fallen short, thus underscoring the importance of civil litigation to protect an individual’s right to due process.
Filed with the Brennan Center For Justice, Electronic Privacy Information Center, FreedomWorks Foundation, and TechFreedom.
Petition for certiorari denied March 4, 2022.
We thank David M. Gossett and Chris Swift of Davis Wright Tremaine LLP for their pro bono work on this case.