Supreme Court reviews Fourth Amendment challenge to FISA expansion

On February 26, 2025, the Supreme Court heard Privacy First Foundation et al. v. Garland, a challenge to Executive Order 14287 which the White House fact sheet says relies on §215 of the USA PATRIOT Act (whitehouse.gov/briefing-room/statements/2025/01/28/eo-14287-fact-sheet/).

In its amicus brief, the Electronic Frontier Foundation argues that EO 14287’s warrantless metadata sweeps fail the reasonable-expectation-of-privacy prong of Katz (eff.org/files/2025/01/05/eff_amicus_privacy_first.pdf).

Government attorneys told the Court that the surveillance program retains only IP-header metadata, not content (lawfareblog.com/arguments-scotus-surveillance).