United States Supreme Court, FBI v. Fazaga, 595 U.S. __ (2022), 4 March 2022

State secrets privilege. Surveillance. Counter-terrorism operations. Alleged discrimination based on religion. 

U.S. Constitution 
Foreign Intelligence Surveillance Act

1. The rules on surveillance contained in the Foreign Intelligence Surveillance Act cannot prevail over state secrecy. 

2. State secrecy has its foundation in common law (and not in the Constitution).

3. It is for the lower court to determine whether or not, based on the circumstances of the situation, the state secrets privilege imposes the case to be dismissed.