Cert. Granted in Clapper v. Amnesty International

By Steve Vladeck
Monday, May 21, 2012, 10:51 AM

Ben noted the non-action on the cert. petitions in the Guantanamo cases (which probably means either that the Justices aren't sure what to do, or that someone is publishing a dissent from the decision to deny certiorari). The one case in which cert. was granted this morning (as predicted) was Clapper v. Amnesty International, which raises whether plaintiffs who have taken steps to avoid the potential interception of their communications under the FISA Amendments Act of 2008 have Article III standing to challenge the constitutionality thereof [a divided panel of the Second Circuit said yes; the en banc Court of Appeals split 6-6 on the question; and the government sought certiorari]. It's a technical legal issue, to be sure, but a very significant one not just for the specific provisions of the FISA Amendments Act at issue, but for the future of national security litigation in general. Suffice it to say, I suspect we'll have much more to say about this case in the weeks and months to come...