Hurricane Does Not Halt Supreme Court

While most of the federal government, and Washington, D.C. generally, shut down today in anticipation of Hurricane Sandy’s wind and rain, the United States Supreme Court braved the elements to hear arguments in a case about the Foreign Intelligence Surveillance Act (FISA). The initial question considered by the Court is not about the constitutionality of the FISA but whether the plaintiffs have standing to bring an action challenging the constitutionality of the statute. The federal government argues that the plaintiffs cannot show that they have been subjected to surveillance under FISA, while plaintiffs argue that the secrecy allowed by FISA prevents any individual from knowing whether they have come under FISA-authorized surveillance.

A decision is expected next year.

More about today’s oral argument.

About Anne Burnett

Foreign and International Law Librarian
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