No. 20-1499October Term 2020Decided Nov 1, 2021
ACLU v. United States
This is currently a fight over access and Supreme Court review power, not a final answer on whether the public must get these FISA opinions.
Case status
- Current stage
- Decided
- Latest event
- Decision released Nov 1, 2021
- What it's about
The ACLU is asking the Supreme Court to review a ruling by the Foreign Intelligence Surveillance Court of Review that said it lacked power to consider the ACLU’s claim that the public has a First Amendment right to access important FISA court opinions, with classified portions redacted. The case is mainly about whether the Supreme Court can review that ruling and, if so, whether it can order review through mandamus or common-law certiorari.
Question presented
1. Whether this Court has jurisdiction under 28 U.S.C. 1254(1) or 50 U.S.C. 1803(b) to issue a writ of certiorari to review the Foreign Intelligence Surveillance Court of Review’s decision in this matter. 2. Whether this Court should issue a writ of mandamus or common-law certiorari to review the Foreign Intelligence Surveillance Court of Review’s determination that it lacked jurisdiction to entertain petitioner’s claim of public access to classified opinions issued by the Foreign Intelligence Surveillance Court.
- Case path
United States Foreign Intelligence Surveillance Court of Review / Decision released Nov 1, 2021
- Area
First Amendment
Briefing
What it's about
The ACLU is asking the Supreme Court to review a special national security court's decision that it could not hear the ACLU's claim for public access to important Foreign Intelligence Surveillance Court opinions, with classified portions redacted. The main fight is whether the Supreme Court has power to review that decision and, if so, whether it can order review through mandamus (an order directing a court to act) or common-law certiorari (an older form of review).
Vote
No oral argument is scheduled yet, and no Supreme Court decision is available. The ACLU argues that the Court can review the lower court's jurisdiction decision and, if needed, use mandamus or common-law certiorari to require review.
Impact
The case could affect how much the public can learn about secret surveillance rulings that shape privacy and free speech rights. For example, journalists, civil liberties groups, and people affected by surveillance programs may want access to major legal opinions even if sensitive parts stay blacked out.
What's next
The next sign of movement would be oral argument being scheduled or another docket update from the Court. No decision window is available yet.
What is the core dispute in ACLU v. United States?
The ACLU wants Supreme Court review of a decision saying the FISA Court of Review lacked power to hear its public-access claim. That claim seeks access to significant FISA opinions with classified parts redacted.
Why could this case matter outside the courts?
It could shape how much the public learns about legal rules governing secret surveillance. That matters to reporters, advocacy groups, and people concerned about privacy and speech rights.
What should court watchers look for next in this case?
Watch for the Supreme Court to schedule oral argument or take another action on the petition. The record does not show a decision window yet.
Decision
What the Court decided
This is currently a fight over access and Supreme Court review power, not a final answer on whether the public must get these FISA opinions.
Impact
The case could affect how much the public can learn about secret surveillance rulings that shape privacy and free speech rights. For example, journalists, civil liberties groups, and people affected by surveillance programs may want access to major legal opinions even if sensitive parts stay blacked out.
Not official Court text.
Opinion documents
Timing
Decided November 1, 2021
The Court released its decision on November 1, 2021 without hearing oral argument.
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology