Tag Archives: Case or Controversy

Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III

As part of a 170-page decision (with a 48-page dissent) affirming a criminal conviction for conspiring and providing material support to a State Department-designated foreign terrorist organization, United States v. Muhtorov,  No. 18-1366 (10th Cir. Dec. 8, 2021), the panel divides over whether annual preapproval of surveillance procedures by the Foreign Intelligence Surveillance Court (FISC)Continue reading “Split Tenth Circuit Holds That FISC’s Pre-Clearance Rulings Under Section 702 Program Are Not “Advisory Opinions” in Violation of Article III”

Fourth Circuit Holds That District Court Had Subject-Matter Jurisdiction Over Complaint with Pseudonymous Plaintiff

In B.R. v. F.C.S.B., No. 21-1005 (4th Cir. Nov. 2, 2021), the Fourth Circuit accepts an interlocutory appeal under 28 U.S.C. § 1292(b) and holds that a federal court has subject-matter jurisdiction over a claim despite not knowing the plaintiff’s true name. A plaintiff – named “Kate” in the opinion – “commenced this action byContinue reading “Fourth Circuit Holds That District Court Had Subject-Matter Jurisdiction Over Complaint with Pseudonymous Plaintiff”