Cite as: 595 U. S. ____ (2022)
1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
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SUPREME COURT OF THE UNITED STATES
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No. 20–828
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FEDERAL BUREAU OF INVESTIGATION, ET AL.,
PETITIONERS v. YASSIR FAZAGA, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT
[March 4, 2022]
JUSTICE ALITO delivered the opinion of the Court.
In this case, we consider the relationship between the
longstanding “state secrets” privilege and a provision of the
Foreign Intelligence Surveillance Act of 1978 (FISA), 92
Stat. 1783, 50 U. S. C. §1801 et seq., that provides a procedure under which a trial-level court or other authority may
consider the legality of electronic surveillance conducted
under FISA and may thereafter order specified forms of relief. See §1806(f ). This case was brought in federal court
by three Muslim residents of Southern California who
allege that the Federal Bureau of Investigation illegally
surveilled them and others under FISA because of their religion. In response, the defendants (hereinafter Government) invoked the state secrets privilege and asked the District Court to dismiss most of respondents’ claims because
the disclosure of counter-intelligence information that was
vital to an evaluation of those claims would threaten national-security interests.
The District Court agreed with the Government’s argument and dismissed the claims in question, but the Ninth
Circuit reversed, reasoning that §1806(f ) “displaced” the
state secrets privilege. We now hold that §1806(f ) has no