Jim Garland, Alexander Berengaut, and Chloe Goodwin of Covington & Burling write:
On November 1, 2021, the Supreme Court denied a petition for a writ of certiorari in American Civil Liberties Union v. United States. In its petition, the American Civil Liberties Union (ACLU) sought the Supreme Court’s review of the Foreign Intelligence Surveillance Court (FISC) and the Foreign Intelligence Surveillance Court of Review’s (FISCR) decisions declining to release court records to the ACLU.
Beginning in 2013, the ACLU filed a series of motions with the FISC arguing that the First Amendment provides a qualified right of public access to its opinions.
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