(Slip Opinion)
OCTOBER TERM, 2021
1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
FEDERAL BUREAU OF INVESTIGATION ET AL. v.
FAZAGA ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT
No. 20–828.
Argued November 8, 2021—Decided March 4, 2022
Respondents Yassir Fazaga, Ali Malik, and Yasser Abdel Rahim, members of Muslim communities in California, filed a putative class action
against the Federal Bureau of Investigation and certain Government
officials, claiming that the Government subjected them and other Muslims to illegal surveillance under the Foreign Intelligence Surveillance
Act of 1978 (FISA). FISA provides special procedures for use when the
Government wishes to conduct foreign intelligence surveillance. Relevant here, FISA provides a procedure under which a trial-level court
or other authority may consider the legality of electronic surveillance
conducted under FISA and order specified forms of relief. See 50
U. S. C. §1806(f). The Government moved to dismiss most of respondents’ claims under the “state secrets” privilege. See, e.g., General Dynamics Corp. v. United States, 563 U. S. 478. After reviewing both
public and classified filings, the District Court held that the state secrets privilege required dismissal of all respondents’ claims against the
Government, except for one claim under §1810, which it dismissed on
other grounds. The District Court determined dismissal appropriate
because litigation of the dismissed claims “would require or unjustifiably risk disclosure of secret and classified information.” 884 F. Supp.
2d 1022, 1028–1029. The Ninth Circuit reversed in relevant part,
holding that “Congress intended FISA to displace the state secrets
privilege and its dismissal remedy with respect to electronic surveillance.” 965 F. 3d 1015, 1052.
Held: Section 1806(f) does not displace the state secrets privilege. Pp. 7–
13.
(a) The case requires the Court to determine whether FISA affects
the availability or scope of the long-established “Government privilege