Re:Secret government: America against democracy
by dragonwriter on Wednesday July 10, 2013 @03:21AM
(#6017956)
> 50 USC 1803(b) specifically provides that the record will be transmitted to SCOTUS upon write of certiorari.
1803(b) provides that the Foreign Intelligence Surveillance Court of Review will do that if the government appeals the denial of a surveillance warrant by that court (which would itself be on the government's appeal of a denial by the FISC) to the Supreme Court.
> The injured party would normally file a writ of certiorari with SCOTUS after losing in FISC. This is specifically provided for.
Not in the provision you point to, which is exclusively for government appeals of denials of warrants in non-adversarial proceedings, they don't provide any "injured party" any appeal path (and the process they apply to is one that an "injured party" would never be aware of in the first place.)
This is not correct. 50 USC 1803(b) specifically provides that the record will be transmitted to SCOTUS upon write of certiorari.
There have been non-parties that have attempted to get access to the rulings, and those have been denied.
" But if the citizenry aren't allowed to know how the FISC interpreted the constitution, then how can we possibly object and challenge the interpretation before the SCOTUS?"
The injured party would normally file a writ of certiorari with SCOTUS after losing in FISC. This is specifically provided for.