Wiley Rein’s Megan Brown Quoted by Los Angeles Times on Supreme Court FISA Ruling

Megan L. Brown, a partner in Wiley Rein’s Appellate, Litigation and Communications Practices, was quoted yesterday in a Los Angeles Times story on the U.S. Supreme Court’s rejection of a constitutional challenge to the government’s surveillance of international calls and emails.

In a 5-4 decision in Clapper v. Amnesty International USA et al., No. 11-1025, the Court ruled that individuals and organizations do not have standing to challenge the Foreign Intelligence Surveillance Act (FISA) Amendments Act of 2008. That legislation clarified and extended the authority of U.S. intelligence officials to access international communications, but directed that U.S. citizens and permanent legal residents may not be targets of authorized surveillance.

The Court’s opinion echoed many of the arguments made in an amicus brief that Wiley Rein, led by Ms. Brown, filed on behalf of six former Attorneys General—from Democratic and Republican administrations—and the Washington Legal Foundation. Their amicus brief was the only one filed in support of the U.S Department of Justice.

The Supreme Court ruling "sends a clear message that politically motivated litigation over national security is untenable," Ms. Brown said. She added that the courts should not second-guess the president and Congress on sensitive national security issues.