Ninth Circuit Reverses in al-Haramain on Sovereign Immunity Grounds
A big win for the government today in the Ninth Circuit, in a case exploring the impact of FISA's civil liability provision (50 USC 1810) on sovereign immunity. In a panel opinion written by Judge McKeown and joined by Judges Pregerson and Hawkins, the Ninth Circuit reversed a distric
Published by The Lawfare Institute
in Cooperation With
A big win for the government today in the Ninth Circuit, in a case exploring the impact of FISA's civil liability provision (50 USC 1810) on sovereign immunity. In a panel opinion written by Judge McKeown and joined by Judges Pregerson and Hawkins, the Ninth Circuit reversed a district court ruling that section 1810 waives the government's sovereign immunity, reasoning that section 1810 does not explicitly include such a waiver and that it would not be proper to imply one in this context. The court also affirmed dismissal of all claims against FBI Director Mueller in his individual capacity, citing the Iqbal pleading standard.
Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
