No. 20-1499October Term 2020Decided Nov 1, 2021Updated Nov 1, 2021
ACLU v. United States
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.
Case status
Decided · November 1, 2021
Read the opinion (PDF)- 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
Timing
Decided November 1, 2021
The Court released its decision on November 1, 2021 without hearing oral argument.
Documents
Activity
Docket activity2
Opinion added: Opinion
Nov 1, 2021 | Court records
Brief added: Petition
Apr 19, 2021 | Court records
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Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 25, 2026
- Method
- Methodology