03/02/2020 In re 381 Search Warrants Directed to Facebook, Inc. :: 2017 :: New York Court of Appeals Decisions :: New York Case Law :: New York Law :: US … this case involving a federal right.[FN14] But either way, Congress' direction must be honored. Finally, this appeal is the only opportunity to litigate fully the rights Congress granted to Facebook. The grounds underlying at least one portion of Facebook's motion to quash are specific to Facebook, not its users, and Facebook is before us to defend not only the constitutional rights of its users (where the majority has focused its analysis), but also its own business interests.[FN15] Even if those users could realistically seek relief for their own injuries through pretrial suppression hearings or Section 1983 suits —- which the majority believes (majority op. at __), but I dispute (infra at III [c]) —- Facebook will not be a party to those actions and the hypothetical resolution of their claims would not address or remedy Facebook's injuries. The majority does not suggest an alternative means for the company to vindicate its right to be free of unusually voluminous or unduly burdensome requests.[FN16] Congress granted service providers their own full day in court, in a completely collateral proceeding subject to normal federal appealability rules. The denial of Facebook's motion to quash cannot be defeated by applying state-court rules of appealability governing garden-variety New York warrants to SCA warrants issued under federal statutory authority. This Court should be wary of once again deciding that even a neutral state rule regarding the administration of the courts is a valid excuse for refusing to fully entertain a federal cause of action. It was only eight years ago that the Supreme Court reversed us and admonished that "a [state] jurisdictional rule cannot be used as a device to undermine federal law" (Haywood v Drown, 556 US 729, 739 [2009]). Instead, "federal law takes state courts as it finds them only insofar as those courts employ rules that do not 'impose unnecessary burdens upon rights of recovery authorized by federal laws'" (Felder v Casey, 487 US 131, 150 [1988], quoting Brown v Western R. Co. of Alabama, 338 US 294, 298— 299 [1949]). II. Appeal Pursuant to the Common Law Even if the SCA did not confer a right to appeal (that is, even if New York law governed appealability), Facebook could appeal Supreme Court's order, which is analogous to an order denying a motion to quash a subpoena in a criminal investigation, under the common law of New York State.[FN17] https://law.justia.com/cases/new-york/court-of-appeals/2017/16.html 23/44