SCOTUS Says Domestic Spying Is Too Secret To Be Challenged in Court

March 01, 2023

Abusive government behavior has again been found to be too sensitive to national security to face legal challenges in the court system. With "state secrets privilege" barring litigation, that leaves upcoming congressional debates over renewal of the law authorizing the program as the only recourse for civil liberties advocates. That decision was left to stand last week by the Supreme Court. That disturbs even some modern members of the Supreme Court. With litigation against domestic spying thwarted by the invocation of "state secrets privilege," Congress, for all its many faults, may be the last line of defense.