Ashcroft v. Abbasi

Consolidated with:

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
15-1359	2d Cir.	Jan 18, 2017 Tr.Aud.	Jun 19, 2017	4-2	Kennedy	OT 2016

Holding: (1) The limited reach of the Bivens action informs the decision whether an implied damages remedy should be recognized in this case; (2) considering the relevant special factors in this case, a Bivens-type remedy should not be extended to the "detention policy claims" -- the allegations that the executive officials and wardens violated the detainees' due process and equal protection rights by holding them in restrictive conditions of confinement, and the allegation that the wardens violated the Fourth and Fifth Amendments by subjecting the detainees to frequent strip searches -- challenging the confinement conditions imposed on the detainees pursuant to the formal policy adopted by the executive officials in the wake of the September 11 attacks; (3) the U.S. Court of Appeals for the 2nd Circuit erred in allowing the prisoner-abuse claim against Warden Dennis Hasty to go forward without conducting the required special-factors analysis; and (4) the executive officials and wardens are entitled to qualified immunity with respect to respondents' claims under 42 U.S.C. § 1985(3).

Judgment: Reversed in part and vacated and remanded in part, 4-2, in an opinion by Justice Kennedy on June 19, 2017. Justice Kennedy delivered the opinion of the Supreme Court with respects to Parts I, II, III, IV-A, and V, in which Chief Justice Roberts and Justices Thomas and Alito joined; Justice Kennedy also delivered an opinion with respect to Part IV-B, in which Chief Justice Roberts and Justice Alito joined. Justice Thomas filed an opinion concurring in part and concurring in the judgment. Justice Breyer filed a dissenting opinion, in which Justice Ginsburg joined. Justices Sotomayor, Kagan and Gorsuch took no part in the consideration or decision of the case.

SCOTUSblog Coverage

Opinion analysis: Justices throw out most claims against federal officials in post-September 11 case (Amy Howe)
Argument analysis: Six-justice court sympathetic to government in detainee case (Amy Howe)
Argument preview: Short-handed court to hear arguments in September 11 detainee case (Amy Howe)
Court adds three hours of oral argument to its merits docket (Amy Howe)
Petitions of the day (Kate Howard)

Date	Proceedings and Orders (key to color coding)
Feb 29 2016	Application (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 2016	Application (15A898) granted by Justice Ginsburg extending the time to file until April 11, 2016.
Apr 1 2016	Application (15A898) to extend further the time from April 11, 2016 to May 9, 2016, submitted to Justice Ginsburg.
Apr 1 2016	Application (15A898) granted by Justice Ginsburg extending the time to file until May 9, 2016.
May 9 2016	Petition for a writ of certiorari filed. (Response due June 8, 2016)
May 9 2016	Appendix of John D. Ashcroft, former Attorney General, et al. filed.
May 26 2016	Order extending time to file response to petition to and including August 8, 2016.
Jun 8 2016	Brief amici curiae of Former U.S. Attorneys General William P. Barr, et al. filed. VIDED.
Jun 14 2016	Waiver of right of respondent James W. Ziglar to respond filed.
Aug 8 2016	Brief of respondents Ahmer Iqbal Abbasi, et al. in opposition filed. VIDED.
Aug 24 2016	Reply of petitioners John D. Ashcroft, former Attorney General, et al. filed.
Sep 21 2016	DISTRIBUTED for Conference of October 7, 2016.
Oct 11 2016	Petition 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 2016	Letter from the Solicitor General regarding case caption. VIDED
Nov 18 2016	Joint appendix filed. VIDED.
Nov 18 2016	Brief of petitioners John D. Ashcroft, former Attorney General, et al. filed.
Nov 25 2016	Brief amici curiae of Former U.S. Attorneys General William P. Barr, et al. filed. VIDED.
Dec 2 2016	Application (16A546) of respondents to file a consolidated brief on the merits in excess of the word limit, submitted to Justice Ginsburg. VIDED.
Dec 2 2016	Application (16A546) granted by Justice Ginsburg to file a consolidated brief of respondents on the merits is excess of the word limit. VIDED.
Dec 5 2016	SET FOR ARGUMENT on Wednesday, January 18, 2017. VIDED
Dec 7 2016	Record requested from the U.S.C.A. 2nd Circuit.
Dec 12 2016	CIRCULATED.
Dec 12 2016	Motion of petitioners to enlarge the time for oral argument and for divided argument filed. VIDED.
Dec 19 2016	Brief of respondents Ahmer Iqbal Abbasi, et al. filed. VIDED. (Distributed)
Dec 20 2016	Brief amici curiae of Professors of Civil Procedure filed. VIDED. (Distributed)
Dec 22 2016	Brief amicus curiae of Commonwealth Lawyers Association filed. VIDED. (Distributed)
Dec 22 2016	Brief amici curiae of Medical and Other Scientific and Health-Related Professionals filed. VIDED. (Distributed)
Dec 23 2016	Brief amici curiae of Immigration Detention Advocacy Organizations filed. VIDED. (Distributed)
Dec 23 2016	Brief amicus curiae of The American Association for Justice filed. VIDED. (Distributed)
Dec 27 2016	Brief amici curiae of Former Correctional Officials filed. VIDED. (Distributed)
Dec 27 2016	Brief amici curiae of The American Civil Liberties Union, et al. filed. VIDED. (Distributed)
Dec 27 2016	Brief amici curiae of Americans United for Separation of Church and State, et al. filed. VIDED. (Distributed)
Dec 27 2016	Brief amici curiae of Asian Americans Advancing Justice, et al. filed. VIDED. (Distributed)
Dec 27 2016	Brief amici curiae of Karen Korematsu, et al. filed. VIDED. (Distributed)
Jan 6 2017	The 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 2017	Reply of petitioners John D. Ashcroft, former Attorney General, et al. filed. (Distributed)
Jan 18 2017	Argued. 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.
Jun 19 2017	Adjudged to be REVERSED IN PART and VACATED and REMANDED IN PART. Kennedy, J., delivered the opinion of the Court with respect to Parts I, II, III, IV-A, and V, in which Roberts, C. J., and Thomas and Alito, JJ., joined, and an opinion with respect to Part IV-B, in which Roberts, C. J., and Alito, J., joined. Thomas, J., filed an opinion concurring in part and concurring in the judgment. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined. Sotomayor, Kagan, and Gorsuch, JJ., took no part in the consideration or decision of these cases. VIDED.
Jul 21 2017	JUDGMENT ISSUED.

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Ashcroft v. Abbasi

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