The U.S. Supreme Court today granted review in Federal Bureau of Investigation v. Fagazi, (Docket No. 20-828, certiorari granted 6/7/2021). (Order List). In the case, a 3-judge panel of the 9th Circuit 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. Subsequently the panel filed an amended opinion and the 9th Circuit denied en banc review. However, ten judges joined all or most of an opinion dissenting from the denial of en banc review. At issue is the relationship between the provisions of FISA and the state secrets privilege. Here is the SCOTUSblog case page with links to all the filings in the case. Politico has additional background.
