American Civil Liberties Union v. United States
Petition for certiorari denied on November 1, 2021
Issues: (1) Whether the Foreign Intelligence
Surveillance Court, like other Article III courts,
has jurisdiction to consider a motion asserting that
the First Amendment provides a qualified public right
of access to the court’s significant opinions, and
whether the Foreign
Intelligence Surveillance Court of Review has jurisdiction to consider an
appeal from the denial of such a motion; and (2) whether the First Amendment provides a
qualified right of public access to the FISC’s
significant opinions.
SCOTUSblog Coverage
- Court declines to hear cases on religious rights, surveillance rulings (Amy Howe, November 1, 2021)
- No new relists, but you should read anyway (John Elwood, October 27, 2021)
- Foreign intelligence surveillance and immigration (John Elwood, October 14, 2021)
- Transparency, resentencing and preemption questions (Andrew Hamm, May 14, 2021)
| Date | Proceedings and Orders (key to color coding) |
|---|
| Apr 19 2021 | Petition for a writ of certiorari filed. (Response due May 27, 2021) |
| Apr 29 2021 | Motion to extend the time to file a response from May 27, 2021 to June 28, 2021, submitted to The Clerk. |
| Apr 30 2021 | Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021. |
| May 11 2021 | Blanket Consent filed by Petitioner, American Civil Liberties Union |
| May 27 2021 | Brief amici curiae of Former United States Magistrate Judges filed. |
| May 27 2021 | Brief amici curiae of The Brennan Center for Justice at NYU School of Law and Americans for Prosperity Foundation filed. |
| May 27 2021 | Brief amicus curiae of Microsoft Corporation filed. |
| May 27 2021 | Brief amicus curiae of Professor Stephen I. Vladeck filed. |
| May 27 2021 | Brief amici curiae of Reporters Committee for Freedom of the Press and 34 Media Organizations filed. |
| May 27 2021 | Brief amicus curiae of Project for Privacy & Surveillance Accountability filed. |
| May 27 2021 | Brief amici curiae of Former Government Officials filed. |
| Jun 21 2021 | Motion to extend the time to file a response from June 28, 2021 to July 28, 2021, submitted to The Clerk. |
| Jun 22 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including July 28, 2021. |
| Jul 14 2021 | Motion to extend the time to file a response from July 28, 2021 to August 27, 2021, submitted to The Clerk. |
| Jul 15 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2021. |
| Aug 27 2021 | Brief of respondent United States in opposition filed. |
| Sep 14 2021 | Reply of petitioner American Civil Liberties Union filed. (Distributed) |
| Sep 15 2021 | DISTRIBUTED for Conference of 10/8/2021. |
| Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021. |
| Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021. |
| Nov 01 2021 | Petition DENIED. Justice Gorsuch, with whom Justice Sotomayor joins, dissenting from the denial of certiorari. (Detached Opinion) |
