9th Circuit: En Banc Review Denied In Suit Over FBI Surveillance of Muslims

In February 2019, a 3-judge panel of the 9th Circuit in Fazaga v. Federal Bureau of Investigation held that three Muslim plaintiffs may move ahead with many of their claims growing out of an FBI investigation that they allege involved unlawful searches and anti-Muslim discrimination. (See prior posting.) Now in Fazaga v. Federal Bureau of Investigation, (9th Cir., July 20, 2020), the panel filed an amended opinion and the court denied en banc review. Five judges joined an opinion concurring in the denial of en banc review. Ten judges joined all or most of an opinion dissenting from the denial of en banc review. At issue was the relationship between FISA and the state secrets privilege.