FISA Does Not Displace State Secrets Privilege, Supreme Court Rules

Mealey's (March 4, 2022, 11:50 AM EST) -- WASHINGTON, D.C. — In a unanimous, but narrow, ruling, the U.S. Supreme Court on March 4 concluded that the in camera and ex parte examination procedures of Section 1806(f) of the Foreign Intelligence Surveillance Act (FISA) do not displace the state secrets privilege, reversing and remanding a Ninth Circuit U.S. Court of Appeals judgment to the contrary in a dispute over the FBI’s surveillance of Muslim communities in the United States....