Shirin Sinnar writes:
The discovery stage of national security litigation rarely attracts much interest, at least where it does not involve an invocation of “state secrets” by the federal government. But in the case of Raza v. City of New York, it should. The ACLU lawsuit, filed a year ago in the Eastern District of New York, challenges the NYPD’s pervasive mapping, surveillance, and investigation of Muslim communities, which the plaintiffs argue have significantly harmed their ability to practice their faith and express their views. For over six months now, the NYPD has pursued discovery tactics that seem expressly designed to deter plaintiffs – indeed, anyone who objects to surveillance of political or religious activities – from maintaining suit. If settlement talks apparently underway do not pan out, the court’s resolution of these issues could significantly affect the practical availability of judicial review.
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