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Clapper v. Amnesty International USA

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.

SCOTUSblog Coverage

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