In a challenge to the FBI’s discriminatory surveillance of three Muslim American men, the U.S. Supreme Court ruled today that the government may assert the state secrets privilege in cases alleging that it engaged in unlawful surveillance. However, the Court took pains to leave open whether the state secrets privilege allows courts to throw out cases alleging unlawful surveillance simply because the government invokes national security. The case will now go back to the Ninth Circuit Court of Appeals to address that question.
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