WASHINGTON (AP) — The Supreme Court struggled, Monday, with whether to allow a lawsuit by Muslim men claiming religious bias by the FBI to go forward despite the government’s objection that doing so could reveal national security secrets.
The case the high court was considering involves a group of three men from Southern California. They filed a class action lawsuit claiming the FBI spied on them and hundreds of others in a surveillance operation that began several years after the Sept. 11, 2001, attacks. The men, represented by lawyers from the American Civil Liberties Union and others, claimed religious discrimination and violations of other rights, saying they were spied on solely because of their faith.
A lower court dismissed almost all their claims after the government said allowing the case to go forward could reveal “state secrets” — whom the government was investigating and why. But an appeals court reversed that decision in 2019, saying the lower court first should have privately examined the evidence the government said was state secrets.
The Biden administration, like the Trump administration before it, told the justices that decision is wrong.