February 26, 2025

Supreme Court reviews Fourth Amendment challenge to FISA expansion

Supreme Court reviews constitutionality of Trump surveillance expansion order

🔒Digital Rights✊Civil Rights⚖️Justice

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).

🔒Digital Rights✊Civil Rights⚖️Justice

Test Your Knowledge

C-SPAN's livestream drew what peak concurrent viewers?

Chief Justice Roberts allotted petitioners how many rebuttal minutes?

Which Senator filed a bipartisan amicus brief supporting the challengers?

Electronic Privacy Information Center labeled EO 14287 a return to which program?

Government attorneys said the program only collects which type of data?

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People, bills, and sources

Elizabeth B. Prelogar

U.S. Solicitor General

Ron Wyden

U.S. Senator (D-OR)

What you can do

Download and review the full EFF amicus brief at https://eff.org/files/2025/01/05/eff_amicus_privacy_first.pdf to examine the argument on the reasonable-expectation-of-privacy test.

Consult the White House fact sheet at https://www.whitehouse.gov/briefing-room/statements/2025/01/28/eo-14287-fact-sheet/ for precise details on EO 14287’s reliance on §215 of the USA PATRIOT Act.

Access the Supreme Court’s February 2025 oral argument calendar at https://www.supremecourt.gov/oral_arguments/argument_calendars/2025/Feb.pdf to verify that petitioners were allotted a five-minute rebuttal.