Ashcroft, Former ATT’Y Gen. v. Iqbal
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 07-1015 | 2d Cir. |
Dec 10, 2008 |
May 18, 2009 | 5-4 | Kennedy | OT 2008 |
Issue: Whether current and former federal officials, including FBI Director Robert Mueller and former Attorney General John Ashcroft, are entitled to qualified immunity against allegations they knew of or condoned racial and religious discrimination against individuals detained in the wake of the September 11 attacks.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on May 18, 2009.
SCOTUSblog Coverage
- Civil Rights and the Wartime Supreme Court (Erin Miller, February 22, 2010)
- Analysis: New obstacles to wartime challenges (Lyle Denniston, July 4, 2009)
- Analysis: A pass for high officials? (Lyle Denniston, May 18, 2009)
- No case over post-9/11 roundups (Lyle Denniston, May 18, 2009)
- Analysis: Special legal immunity for handling crises? (Lyle Denniston, December 10, 2008)
- Argument preview: Making a case against high officials (Lyle Denniston, December 9, 2008)
- Court to rule on right to sue Cabinet officers (Lyle Denniston, June 16, 2008)
- Conference Call: DOJ Seeks Immunity for Ashcroft, Mueller (Ben Winograd, June 9, 2008)
- Post 9/11 roundup case reaches Court (Lyle Denniston, February 7, 2008)
Briefs and Documents
Merit briefs
- Brief for Petitioner John Ashcroft, Former Attorney General of the United States and Robert Mueller, Director of the Federal Bureau of Investigation
- Brief for Respondent Javaid Iqbal, et al.
- Brief for Respondents Michael Rolince; Former Chief of the Federal Bureau of Investigation; International Terrorism Operations; Section; Counterterrorism Division; Kenneth Maxwell; Former Assistant; Special Agent in Charge; New York Field Office; Federal Bureau of Investigation in Support of Reversal
- Brief of Dennis Hasty as Respondent Supporting Petitioners
- Reply Brief for Petitioner John Ashcroft, Former Attorney General of the United States and Robert Mueller, Director of the Federal Bureau of Investigation
Amicus briefs
- Brief for William P. Barr, Griffin Bell, Benjamin R. Civiletti, Edwin Meese III, William S. Sessions, Richard Thornburgh, and the Washington Legal Foundation in Support of Petitioner
- Brief for National Civil Rights Organizations in Support of Respondent
- Brief for The Sikh Coalition, the American-Arab Anti-Discrimination Committee, Discrimination and National Security Initiative, the Muslim Public Affairs Council, the Sikh American Legal Defense and Education Fund, the Sikh Council on Religion and Education, the South Asian Americans Leading Together and United Sikhs in Support of Respondent
- Brief for American Association for Justice in Support of Respondent
- Brief for the Japanese American Citizens League, the Pakistani American Public Affairs Committee, the Sikh American Legal Defense and Education Fund, the National Korean American Service & Education Consortium, and Muslim Advocates in Support of Respondent
- Brief for Ibrahim Turkmen, Asif-Ur-Rehman Saffi, Yasser Ebrahim, Hany Ibrahim, Shakir Baloch, Akhil Sachdeva and Ashraf Ibrahim in Support of Respondent
Certiorari-Stage Documents
- Opinion below (2nd Circuit)
- Petition for certiorari (Federal government)
- Petition for certiorari (Sawyer, former Bureau of Prisons officials)
- Brief in opposition
- Petitioner’s reply (Ashcroft)
- Petitioner’s reply (Sawyer)
- Brief of former Attorney General William P. Barr, et al. in support of Petitioner
