Clapper v. Amnesty International USA

Editor's Note :

Clapper v. Amnesty International USA

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann

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Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-1025	2d Cir.	Oct 29, 2012 Tr.Aud.	Feb 26, 2013	5-4	Alito	OT 2012

Holding: Respondents lack Article III standing to challenge FISA Amendments Act of 2008, 50 U. S. C. § 1881a.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Alito on February 26, 2013. Justice Breyer filed a dissenting opinion in which Justices Ginsburg, Sotomayor, and Kagan joined.

Opinion recap: Global wiretap challenge thwarted (Lyle Denniston)
Argument recap: Sensitive to lawyers' dilemma (Lyle Denniston)
Suing over surveillance secrets (Kali Borkoski)
Argument preview: Can global wiretaps be challenged? (Lyle Denniston)
Narrow review of global wiretaps (FINAL UPDATE) (Lyle Denniston)
Petition of the day (Matthew Bush)

Date	Proceedings and Orders (key to color coding)
Dec 9 2011	Application (11A555) to extend the time to file a petition for a writ of certiorari from December 20, 2011 to January 19, 2012, submitted to Justice Ginsburg.
Dec 9 2011	Application (11A555) granted by Justice Ginsburg extending the time to file until January 19, 2012.
Jan 9 2012	Application (11A555) to extend further the time to file a petition for a writ of certiorari from January 19, 2012 to February 18, 2012, submitted to Justice Ginsburg.
Jan 10 2012	Application (11A555) granted by Justice Ginsburg extending the time to file until February 18, 2012.
Feb 17 2012	Petition for a writ of certiorari filed. (Response due March 19, 2012)
Feb 17 2012	Appendix of James R. Clapper, Jr., Director of National Intelligence, et al. filed (Volumes I & II).
Feb 24 2012	Order extending time to file response to petition to and including April 18, 2012.
Mar 19 2012	Brief amici curiae of William Barr, et al. filed.
Apr 18 2012	Brief of respondents Amnesty International USA, et al. in opposition filed.
May 1 2012	DISTRIBUTED for Conference of May 17, 2012.
May 2 2012	Reply of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed. (Distributed)
May 21 2012	Petition GRANTED.
May 29 2012	Motion to dispense with printing the joint appendix filed by petitioner James R. Clapper, Jr., Director of National Intelligence, et al.
May 30 2012	The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 26, 2012.
May 30 2012	The time to file respondents' brief on the merits is extended to and including September 17, 2012.
Jun 11 2012	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 23 2012	SET FOR ARGUMENT ON Monday, October 29, 2012
Jul 26 2012	Brief of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed.
Aug 2 2012	CIRCULATED
Aug 2 2012	Brief amici curiae of John D. Ashcroft, et al. filed. (Distributed)
Aug 8 2012	Record from U.S.C.A. for 2nd Circuit is electronic.
Aug 8 2012	Record from U.S.D.C. for Southern District of New York is electronic.
Sep 17 2012	Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondents.
Sep 17 2012	Brief of respondents Amnesty International USA, et al. filed. (Distributed)
Sep 21 2012	Brief amici curiae of Canadian Civil Liberties Association, et al. filed. (Distributed)
Sep 24 2012	Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed. (Distributed)
Sep 24 2012	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Sep 24 2012	Brief amici curiae of Former Church Committee members and staff filed. (Distributed) Reprinted
Sep 24 2012	Brief amici curiae of Gun Owners Foundation, et al. filed. (Distributed)
Sep 24 2012	Brief amicus curiae of Committee on Civil Rights of the Association of the Bar of the City of New York filed. (Distributed)
Sep 24 2012	Brief amicus curiae of New York State Bar Association filed. (Distributed)
Sep 24 2012	Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Sep 24 2012	Brief amici curiae of Center for Constitutional Rights, et al. filed. (Distributed)
Sep 24 2012	Brief amicus curiae of The Reporters Committee for Freedom of the Press filed. (Distributed)
Oct 17 2012	Reply of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed. (Distributed)
Oct 29 2012	Argued. For petitioners: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents: Jameel Jaffer, New York, N. Y.
Jan 2 2013	Letter from the Solicitor General filed. (Distributed)
Feb 26 2013	Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined.
Apr 1 2013	JUDGMENT ISSUED.

Featured Posts

Opinion analysis: An extremely narrow Fair Debt Collection Practices Act ruling – Danielle D'Onfro

Argument analysis: Justices seem receptive to inmate’s juror-discrimination claims – Amy Howe

Opinion analysis: Justices sidestep decision on propriety of "cy pres" class-action settlements – Ronald Mann
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This Week at the Court
The Supreme Court released orders from the March 15 conference on Monday. The justices granted four cases for next term: Kansas v. Garcia, Mathena v. Malvo, Ramos v. Louisiana and Kahler v. Kansas. The justices also called for the views of the U.S. solicitor general in two cases: Patterson v. Walgreen Co. and Hikma Pharmaceuticals USA Inc. v. Vanda Pharmaceuticals Inc.
On Tuesday, the justices released their opinions in three cases: Air and Liquid Systems Corp. v. DeVries, Nielsen v. Preap and Washington State Department of Licensing v. Cougar Den Inc.
On Wednesday, the justices released their opinions in two cases: Obduskey v. McCarthy & Holthus LLP and Frank v. Gaos.
On Monday, the justices heard oral argument in Virginia House of Delegates v. Bethune-Hill and Smith v. Berryhill.
On Tuesday, the justices heard oral argument in Cochise Consultancy Inc. v. United States, ex rel. Hunt.
On Wednesday, the justices heard oral argument in Flowers v. Mississippi.
On Friday, the justices met for their March 22 conference; John Elwood's Relist Watch compiles the petitions that were relisted for this conference.
Major Cases
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- New York State Rifle & Pistol Association Inc. v. City of New York, New York
  Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the commerce clause and the constitutional right to travel.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
see all this term’s cases »
Recent Decisions
- Frank v. Gaos This class action settlement case is remanded for the courts below to address the plaintiffs’ standing in light of Spokeo, Inc. v. Robins.
- Obduskey v. McCarthy & Holthus LLP A business engaged in no more than nonjudicial foreclosure proceedings is not a “debt collector” under the Fair Debt Collection Practices Act, except for the limited purpose of enforcing security interests under 15 U. S. C. §1692f(6).
- Air and Liquid Systems Corp. v. DeVries In the maritime tort context, a product manufacturer has a duty to warn when its product requires incorporation of a part, the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses, and the manufacturer has no reason to believe that the product’s users will realize that danger.
- Nielsen v. Preap The judgments of the U.S. Court of Appeals for the 9th Circuit -- that respondents, who are deportable for certain specified crimes, are not subject to 8 U. S. C. §1226(c)(2)’s mandatory-detention requirement because they were not arrested by immigration officials as soon as they were released from jail -- are reversed, and the cases are remanded.
- Washington State Department of Licensing v. Cougar Den Inc. The Supreme Court of Washington’s judgment -- that the “right to travel” provision of the 1855 Treaty Between the United States and the Yakama Nation of Indians pre-empts the state’s fuel tax as applied to Cougar Den’s importation of fuel by public highway for sale within the reservation -- is affirmed.
see all this term’s cases »
Current Relists
- Altitude Express Inc. v. Zarda Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.
- Bostock v. Clayton County, Georgia Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 52

Cases decided 26

Summary reversals 4

Merits cases granted to date 74

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Cases argued	52
Cases decided	26
Summary reversals	4
Merits cases granted to date	74

1
Conference

4
Orders
Opinions

15
Conference

18
Orders
VIRGINIA HOUSE OF DELEGATES V. BETHUNE-HILL (18-281)
SMITH V. BERRYHILL (17-1606)

19
COCHISE CONSULTANCY INC. V. U.S., EX REL. HUNT (18-315)
Opinions

20
FLOWERS V. MISSISSIPPI (17-9572)
Opinions

22
Conference

25
Orders
PDR NETWORK, LLC V. CARLTON & HARRIS CHIROPRACTIC INC. (17-1705)
THE DUTRA GROUP V. BATTERTON (18-266)

26
RUCHO V. COMMON CAUSE (18-422)
LAMONE V. BENISEK (18-726)
Opinions

27
KISOR V. WILKIE (18-15)
Opinions

29
Conference