Firm Team Authors Amicus Brief in Important First Amendment Case on Behalf of Former US Magistrate Judges

A firm team represented a group of former US magistrate judges as amici curiae in urging the Supreme Court to take up the case American Civil Liberties Union v. United States, which asks whether there is a qualified right of access under the First Amendment to significant legal opinions issued by the Foreign Intelligence Surveillance Court (FISC). The FISC decides critical questions about electronic surveillance and other government investigative actions for foreign intelligence purposes, yet despite their treatment of fundamental constitutional and statutory issues, FISC opinions usually are not shared with the public.

The amicus brief argues that the Court should grant certiorari to decide on the existence of a qualified First Amendment right of access. The team drew upon magistrate judges’ history of safely providing public access to opinions on emerging surveillance technology while accommodating national security interests – a legacy that extends to FISC judges, who are also well suited to ordering appropriate disclosures. The team also argued that a qualified right of access to significant FISC opinions would provide magistrate judges with crucial guidance on emerging surveillance law issues and reduce the impact of prosecutorial discretion in shaping the underlying law.

The firm team represented several former magistrate judges, including Hon. James Orenstein, who has authored published decisions on location tracking, non-disclosure orders under the Stored Communications Act, and the compelled decryption of mobile devices. The underlying cert petition was filed by the Knight First Amendment Institute and the American Civil Liberties Union.

The Jenner & Block team included Partner Jessica Ring Amunson and Associates Tali R. Leinwand and Anna Windemuth. 

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

Firm Team Authors Amicus Brief in Important First Amendment Case on Behalf of Former US Magistrate Judges

A firm team represented a group of former US magistrate judges as amici curiae in urging the Supreme Court to take up the case American Civil Liberties Union v. United States, which asks whether there is a qualified right of access under the First Amendment to significant legal opinions issued by the Foreign Intelligence Surveillance Court (FISC). The FISC decides critical questions about electronic surveillance and other government investigative actions for foreign intelligence purposes, yet despite their treatment of fundamental constitutional and statutory issues, FISC opinions usually are not shared with the public.

The amicus brief argues that the Court should grant certiorari to decide on the existence of a qualified First Amendment right of access. The team drew upon magistrate judges’ history of safely providing public access to opinions on emerging surveillance technology while accommodating national security interests – a legacy that extends to FISC judges, who are also well suited to ordering appropriate disclosures. The team also argued that a qualified right of access to significant FISC opinions would provide magistrate judges with crucial guidance on emerging surveillance law issues and reduce the impact of prosecutorial discretion in shaping the underlying law.

The firm team represented several former magistrate judges, including Hon. James Orenstein, who has authored published decisions on location tracking, non-disclosure orders under the Stored Communications Act, and the compelled decryption of mobile devices. The underlying cert petition was filed by the Knight First Amendment Institute and the American Civil Liberties Union.

The Jenner & Block team included Partner Jessica Ring Amunson and Associates Tali R. Leinwand and Anna Windemuth. 

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

News and Insights

Event

Amanda Shafer Berman to Speak on Energy and Administrative Law at WEN-DC Webinar

As the Supreme Court's new Term begins, Jenner & Block Partner Amanda Shafer Berman will join a Women's Energy Network of Washington, DC (WEN-DC) webinar on how the Court's decisions are shaping the energy sector.

October 14, 2026

Publications

Partner Amanda Shafer Berman Quoted in Bloomberg Law on Senate Permitting Overhaul Bill

Partner Amanda Shafer Berman was quoted in an October 5 Bloomberg Law article, "Permitting Deal Gives Projects Defense Against Litigation Delays," on the Senate's new permitting overhaul package and its expected impact on litigation over federal permitting reversals.

October 2026

Event

Partner John Storino to Speak at Sandpiper Partners' “AI and Outside Counsel Guidelines Roundtable”

On October 8, Partner John Storino will serve as a panelist at the “AI and Outside Counsel Guidelines Roundtable,” hosted by Sandpiper Partners in Chicago.

October 8, 2026

Event

Partner Meghan Greenfield to Speak on Supreme Court Climate Case at Edison Electric Institute's Fall Legal Conference

On Wednesday, October 7, Partner Meghan Greenfield will speak on a panel titled "Boulder County v. Suncor Energy: What the Supreme Court's Climate Case Means for the Energy Industry" at the Edison Electric Institute's Fall Legal Conference in Salt Lake City, Utah.

October 7, 2026

Publications

The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine

Partner Joseph Torres and Special Counsel Jennifer Beach authored an article for Employee Relations Law Journal examining the Seventh Circuit's decision in Packaging Corp. of America Thrift Plan for Hourly Employees v. Langdon, a ruling that addresses both the standard of review in ERISA interpleader actions and the continued viability of the substantial compliance doctrine for changing plan beneficiaries.

October 5, 2026