Thursday, June 3, 2021
Check out David Cole, Jameel Jaffer, and Ted Olson's piece in the NYT on transparency at the Foreign Intelligence Surveillance Court. The FISC "authorizes panoramic surveillance programs that can have profound implications for the rights of millions of Americans, but many of its significant decisions have been withheld from the public."
The three and others teamed up on a cert. petition, asking SCOTUS to rule on whether the First Amendment provides a qualified right of public access to the FISC's significant opinions. (The FISC and the Foreign Intelligence Surveillance Court of Review both ruled that they lacked jurisdiction to hear the question.) The Court hasn't yet decided whether to take up the case. Here's the docket, with amicus briefs supporting the cert. petition.