Amy Howe for SCOTUSBlog reports, in an opinion by Justice Thomas, the Supreme Court ruled unanimously yesterday that three Muslim men who say that they were put on the “no fly” list after they refused to become FBI informants can sue the FBI agents who put them there for money damages. The decision was a significant one not only for the plaintiffs but also for cases involving violations of religious rights more broadly.

Howe summarizes the facts as follows:

“The three men – Muhummad Tanvir, Jameel Algibhah and Naveed Shinwari – are all U.S. citizens or green card holders. They filed the lawsuit that led to Thursday’s decision after they were placed on the “no fly” list, which barred them from boarding commercial flights in the United States. They claimed that their placement on the list violated the Religious Freedom Restoration Act, a federal law that prohibits the government from placing a “substantial burden” on an individual’s exercise of religion unless the burden advances a compelling government interest and there is not a less restrictive way to achieve that interest. They asked the court to order the government to remove their names from the “no fly” list, and they sought compensation for the violation of their rights, including money for airline tickets that they could not use and income that they lost when they were unavailable to take advantage of job opportunities.”

KJ