US security watchlists face courts’ scrutiny

Significance

Counterterrorist watchlists are national security tools that are struggling with due-process-related problems. The lawsuits seek to expand access to federal courts to challenge how watchlists are applied and maintained, and to obtain punitive and compensatory money damages to remedy alleged injuries.

Impacts

• Terrorist watchlists will continue to expand in scope, size and impact.
• Political checks on watchlists will be unreliable impediments to watchlists’ increasing use.
• Even if plaintiffs win both lawsuits (unlikely), only modest procedural reforms are likely.
• Watchlists are likely to affect minorities disproportionately.