The Supreme Court Denies Certiorari in American Civil Liberties Union v. United States

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On November 1, 2021, the Supreme Court denied a petition for a writ of certiorari in American Civil Liberties Union v. United States. In its petition, the American Civil Liberties Union (ACLU) sought the Supreme Court’s review of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review’s (FISCR) decisions declining to release court records to the ACLU.

Beginning in 2013, the ACLU filed a series of motions with the FISC arguing that the First Amendment provides a qualified right of public access to its opinions. Both the FISC and the FISCR later rejected the ACLU’s request for records, asserting in turn that each court lacked the authority to consider the merits of the ACLU’s argument. In the case underlying this cert petition, FISC Judge Boasberg concluded that exercising jurisdiction over the ACLU’s motion would be inconsistent with an April 24, 2020 FISCR ruling on a prior ACLU motion seeking access to records, which held that the ACLU’s petition for

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