Tuesday, September 21, 2021
From Adam Liptak in The New York Times:
The justices are set to consider whether to hear that case, which was brought by the American Civil Liberties Union and concerns decisions issued by the Foreign Intelligence Surveillance Court, at their private conference on Oct. 8.
The case Judge Garland decided last year, writing for a unanimous three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, and the one before the justices both involved electronic surveillance, but they concerned different laws and different legal theories.
His general point about secret law, though, provides an important framework, according to a brief supporting the A.C.L.U. in the new case filed by two groups that do not always agree — the Brennan Center for Justice, which leans left, and the Americans for Prosperity Foundation, a libertarian group affiliated with the Koch family.