Justices Neil M. Gorsuch and Sonia Sotomayor said the case should have been reviewed.
in 2013 showed widespread, bulk collection of phone calls and emails, Congress in 2015 required the government to review any significant opinions for public release.But the ACLU argued that such reviews are conducted by executive-branch officials, not a court, and that the government believes release of opinions before June 2015 is not required, although it has released several.
Besides other free-speech advocates, the ACLU’s challenge was supported by news organizations, including The Washington Post, and some former high-level national security experts. One group included former director of national intelligence James R. Clapper Jr., former CIA director John Brennan, and Donald B. Verrilli Jr., who was solicitor general under President Barack Obama.
Their brief said it is not enough for the executive branch to decide which opinions may be released, and that there is no reason the public cannot see properly redacted versions of the court’s actions.“The basic, longstanding premise of public access to judicial opinions does not cease to apply merely because the judicial opinions of the FISC relate to surveillance, intelligence, and national security,” they wrote.
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