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No. 20-1499October Term 2020Decided Nov 1, 2021Updated Nov 1, 2021

Docket 20-1499October Term 2020 (2020–2021)

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
Case Accepted
Arguments
Decision ReleasedNov 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.

Activity

Docket activity2
  • Opinion added: Opinion

    Nov 1, 2021 | Court records

  • Brief added: Petition

    Apr 19, 2021 | Court records

Grounding

Grounding
Primary-source trail available.
Note
Plain-English explainer. Official filings and opinions remain authoritative.
Checked
Jul 25, 2026
Primary materials5