Who can challenge surveillance
Clapper v. Amnesty International USA
In brief
The groups lacked the legal right to sue, so the Supreme Court overturned the Second Circuit’s ruling and sent the case back.
- Where it stands
- Decided
Decided 5-4 · February 26, 2013 · Opinion by Justice Alito
- What it’s about
- Amnesty International USA and other groups challenged a surveillance provision in the Foreign Intelligence Surveillance Act.
- Who it affects
- The groups do not have the legal right to seek the future court orders at issue in this case.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled they lacked the legal right to sue (standing), overturned the Second Circuit’s ruling, and sent the case back for further proceedings (remanded).
The lawsuit asked whether organizations could seek court orders in advance over a FISA surveillance provision.
Question presented
Do respondents have Article III standing to seek prospective relief under the FISA?
What the Court decided
Holding
Respondents do not have Article III standing. 638 F. 3d 118, reversed and remanded.
- Result
- Reversed
The vote
From the opinions
“In my view, this harm is not “speculative.””
What's next
The case returns to the Second Circuit for further proceedings in light of the Supreme Court’s ruling.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
New analysis added
AI analysis generated: Case Briefing
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Clapper
Opinion added: Clapper
More questions
- What did Justice Breyer say about the risk of interception?
- He said the risk that the government would intercept the groups’ communications was not speculative and was likely enough to support standing.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.