Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

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Ashcroft v. Abbasi

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
15-1359 2d Cir. Jan 18, 2017
Tr.Aud.
TBD TBD TBD OT 2016

Issues: (1) Whether the judicially inferred damages remedy under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, should be extended to the novel context of this case, which seeks to hold the former Attorney General and Director of the Federal Bureau of Investigation (FBI) personally liable for policy decisions made about national-security and immigration in the aftermath of the September 11, 2001 terrorist attacks; and (2) whether the former Attorney General and FBI Director are entitled to qualified immunity for their alleged role in the treatment of respondents, because it was not clearly established that aliens legitimately arrested during the September 11 investigation could not be held in restrictive conditions until the FBI confirmed that they had no connections with terrorism; and (3) whether respondents' allegations that the Attorney General and FBI Director personally condoned the implementation of facially constitutional policies because of an invidious animus against Arabs and Muslims are plausible, as required by Ashcroft v. Iqbal, in light of the obvious alternative explanation—identified by the Court in Iqbal—that their actions were motivated by a concern that, absent fuller investigation, the government would unwittingly permit a dangerous individual to leave the United States.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 29 2016Application (15A898) to extend the time to file a petition for a writ of certiorari from March 10, 2016 to April 11, 2016, submitted to Justice Ginsburg.
Feb 29 2016Application (15A898) granted by Justice Ginsburg extending the time to file until April 11, 2016.
Apr 1 2016Application (15A898) to extend further the time from April 11, 2016 to May 9, 2016, submitted to Justice Ginsburg.
Apr 1 2016Application (15A898) granted by Justice Ginsburg extending the time to file until May 9, 2016.
May 9 2016Petition for a writ of certiorari filed. (Response due June 8, 2016)
May 9 2016Appendix of John D. Ashcroft, former Attorney General, et al. filed.
May 26 2016Order extending time to file response to petition to and including August 8, 2016.
Jun 8 2016Brief amici curiae of Former U.S. Attorneys General William P. Barr, et al. filed. VIDED.
Jun 14 2016Waiver of right of respondent James W. Ziglar to respond filed.
Aug 8 2016Brief of respondents Ahmer Iqbal Abbasi, et al. in opposition filed. VIDED.
Aug 24 2016Reply of petitioners John D. Ashcroft, former Attorney General, et al. filed.
Sep 21 2016DISTRIBUTED for Conference of October 7, 2016.
Oct 11 2016Petition GRANTED The petitions for writs of certiorari in Nos. 15-1358 and 15-1363 are granted. The cases are consolidated and a total of one hour is allotted for oral argument. Justice Sotomayor and Justice Kagan took no part in the consideration or decision of this petition.
Nov 10 2016Letter from the Solicitor General regarding case caption. VIDED
Nov 18 2016Joint appendix filed. VIDED.
Nov 18 2016Brief of petitioners John D. Ashcroft, former Attorney General, et al. filed.
Nov 25 2016Brief amici curiae of Former U.S. Attorneys General William P. Barr, et al. filed. VIDED.
Dec 2 2016Application (16A546) of respondents to file a consolidated brief on the merits in excess of the word limit, submitted to Justice Ginsburg. VIDED.
Dec 2 2016Application (16A546) granted by Justice Ginsburg to file a consolidated brief of respondents on the merits is excess of the word limit. VIDED.
Dec 5 2016SET FOR ARGUMENT on Wednesday, January 18, 2017. VIDED
Dec 7 2016Record requested from the U.S.C.A. 2nd Circuit.
Dec 12 2016CIRCULATED.
Dec 12 2016Motion of petitioners to enlarge the time for oral argument and for divided argument filed. VIDED.
Dec 19 2016Brief of respondents Ahmer Iqbal Abbasi, et al. filed. VIDED. (Distributed)
Dec 20 2016Brief amici curiae of Professors of Civil Procedure filed. VIDED. (Distributed)
Dec 22 2016Brief amicus curiae of Commonwealth Lawyers Association filed. VIDED. (Distributed)
Dec 22 2016Brief amici curiae of Medical and Other Scientific and Health-Related Professionals filed. VIDED. (Distributed)
Dec 23 2016Brief amici curiae of Immigration Detention Advocacy Organizations filed. VIDED. (Distributed)
Dec 23 2016Brief amicus curiae of The American Association for Justice filed. VIDED. (Distributed)
Dec 27 2016Brief amici curiae of Former Correctional Officials filed. VIDED. (Distributed)
Dec 27 2016Brief amici curiae of The American Civil Liberties Union, et al. filed. VIDED. (Distributed)
Dec 27 2016Brief amici curiae of Americans United for Separation of Church and State, et al. filed. VIDED. (Distributed)
Dec 27 2016Brief amici curiae of Asian Americans Advancing Justice, et al. filed. VIDED. (Distributed)
Dec 27 2016Brief amici curiae of Karen Korematsu, et al. filed. VIDED. (Distributed)
Jan 6 2017The motion of petitioners for enlargement of time for oral argument and for divided argument is granted in part and denied in part, and the time is divided as follows: 20 minutes for the Acting Solicitor General on behalf of petitioners in Nos. 15-1358 and 15-1359, 10 minutes for petitioners in No. 15-1363, and 30 minutes for respondents. Justice Sotomayor and Justice Kagan took no part in the consideration or decision of this motion. VIDED.
Jan 11 2017Reply of petitioners John D. Ashcroft, former Attorney General, et al. filed. (Distributed)
Jan 18 2017Argued. For petitioners in 15-1358 and 15-1359: Ian H. Gershengorn, Acting Solicitor General, Department of Justice, Washington, D. C. For petitioners in 15-1363: Jeffrey A. Lamken, Washington, D. C. For respondents: Rachel Meeropol, New York, N. Y. VIDED.
 
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