FBI v. Fazaga
View Official PDFBelow are plain-language sections to help you understand what the Court decided in FBI v. Fazaga and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of FBI v. Fazaga.
The Supreme Court addressed whether the Foreign Intelligence Surveillance Act (FISA) displaces the state secrets privilege in cases involving alleged illegal surveillance. The Court found that Section 1806(f) of FISA does not replace the state secrets privilege, as the text of FISA does not indicate such an intention by Congress. The decision reversed the Ninth Circuit's ruling and remanded the case for further proceedings.
Holding
The single most important “bottom line” of what the Court decided in FBI v. Fazaga.
The Court held that Section 1806(f) of FISA does not displace the state secrets privilege.
Constitutional Concepts
These are the Constitution-related themes that appear in FBI v. Fazaga. Click a concept to see other cases that involve the same idea.
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Why Judicial Review is relevant to FBI v. Fazaga
The Court exercised its power to interpret whether FISA displaces the state secrets privilege.
Syllabus excerpt (verbatim)The case requires the Court to determine whether FISA affects the availability or scope of the long-established 'Government privilege against court-ordered disclosure of state and military secrets.'
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Why Executive Power is relevant to FBI v. Fazaga
The case involves the government's invocation of the state secrets privilege, which is related to executive authority in matters of national security.
Syllabus excerpt (verbatim)The Government moved to dismiss most of respondents' claims under the 'state secrets' privilege.
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Why Procedural Due Process is relevant to FBI v. Fazaga
The Court addressed procedural mechanisms under FISA and the state secrets privilege, impacting fair procedures in litigation.
Syllabus excerpt (verbatim)Section 1806(f) allows 'review in camera and ex parte' of materials 'necessary to determine' whether the surveillance was lawful.
Key Quotes
Short excerpts from the syllabus in FBI v. Fazaga that support the summary and concepts above.
Section 1806(f) does not displace the state secrets privilege.
The absence of any reference to the state secrets privilege in FISA is strong evidence that the availability of the privilege was not altered when Congress passed the Act.
This decision answers the narrow question whether § 1806(f) displaces the state secrets privilege.
