Editor's Note :

Editor's Note :

We expect orders from the April 21 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, April 25.
On Monday the court hears oral argument in McWilliams v. Dunn. Amy Howe has our preview.
On Monday the court also hears oral argument in Davila v. Davis. Steve Vladeck has our preview.

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Hasty v. Abbasi

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
15-1363 2d Cir. Jan 18, 2017
Tr.Aud.
TBD TBD TBD OT 2016

Issues: (1) Whether, as the Second Circuit held, the judicially implied cause of action for damages against individual officials recognized in Bivens v. Six Unknown Named of Federal Bureau of Narcotics, extends to detentions of foreign nationals after the September 11 attacks; (2) whether qualified immunity was property denied, notwithstanding the specific circumstances confronted by petitioners—including the FBI's terrorism designations for respondents—because the Constitution “clearly” prohibits any “condition of pretrial detention not reasonably related to a legitimate governmental objective,” or imposed “because of . . . race, ethnicity, religion, and/or national origin;” and (3) whether the allegations against Hasty and Sherman (the Warden and Associate Warden at the Metropolitan Detention Center)—such as the assertion that they “knew” the FBI's terrorism designations for respondents were wrong but imposed otherwise mandatory confinement conditions because they had discriminatory intent—are sufficiently plausible to state a claim under Ashcroft v. Iqbal.

SCOTUSblog Coverage

DateProceedings and Orders
Feb 29 2016Application (15A897) 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 (15A897) granted by Justice Ginsburg extending the time to file until April 11, 2016.
Apr 1 2016Application (15A897) to extend further the time from April 11, 2016 to May 9, 2016, submitted to Justice Ginsburg.
Apr 4 2016Application (15A897) granted by Justice Ginsburg extending the time to file until May 9, 2016.
May 6 2016Petition for a writ of certiorari filed. (Response due June 9, 2016)
May 6 2016Appendix of Dennis Hasty, 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 8 2016Waiver of right of Federal Respondents to respond filed.
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 23 2016Reply of petitioners Dennis Hasty, 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 15-1359 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 Dennis Hasty, 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 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 Dennis Hasty and James Sherman. filed. (Distributed)
Jan 18 2017SET FOR ARGUMENT on Wednesday, January 18, 2017. VIDED
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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