Supreme Court to Determine whether the Foreign Intelligence Surveillance Act displaces the States Secret Privilege

On November 8, 2021, the Supreme Court will hear oral argument in the class action case, Federal Bureau of Investigation v. Fazaga, Docket No. 20-828.  In Fazaga, members of a Muslim community in Southern California filed suit against the FBI and various FBI agents, alleging that the government’s secret surveillance of them was not lawful because it was based on their religious beliefs and practices.  More specifically, three Muslim men allege that the FBI targeted them because of their religion by using a confidential informant to gather information about Muslims as part of a counterterrorism investigation. […]