Egbert v. Boule

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-147	9th Cir.	Mar 2, 2022	Jun 8, 2022	6-3	Thomas	OT 2021

Holding: The authority of a court to imply a cause of action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics does not extend to either Robert Boule"s Fourth Amendment excessive-force claim or his First Amendment retaliation claim.

Judgment: Reversed, 6-3, in an opinion by Justice Thomas on June 8, 2022. Justice Gorsuch filed an opinion concurring in the judgment. Justice Sotomayor filed an opinion concurring in the judgment in part and dissenting in part, in which Justices Breyer and Kagan joined.

SCOTUSblog Coverage

Court constricts, even if it does not quite eliminate, damages actions under Bivens (Howard M. Wasserman, June 9, 2022)
Announcement of opinions for Wednesday, June 8 (complete) (Angie Gou, June 8, 2022)
Court again rejects extension of Bivens suits against federal officials (Howard M. Wasserman, June 8, 2022)
Justices weigh the effect of foreign borders and national security in Bivens actions (Howard M. Wasserman, March 3, 2022)
Border agents, the First Amendment, and the continued vitality of Bivens (Howard M. Wasserman, March 1, 2022)
Climate change and immigration policies headline February argument calendar (Amy Howe, December 18, 2021)
One new relist on arbitration clauses (John Elwood, November 10, 2021)
Justices add four new cases to their docket, including Bivens case, but wont reconsider Bivens itself (Amy Howe, November 6, 2021)
Preemption, Bivens, conflicts of interest, and free exercise (John Elwood, November 3, 2021)

Date	Proceedings and Orders (key to color coding)
07/30/2021	Petition for a writ of certiorari filed. (Response due September 2, 2021)
08/09/2021	Motion to extend the time to file a response from September 2, 2021 to October 4, 2021, submitted to The Clerk.
08/10/2021	Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.
08/30/2021	Brief amicus curiae of Independent Women's Law Center filed.
08/31/2021	Brief amicus curiae of National Border Patrol Council filed.
09/02/2021	Brief amicus curiae of Immigration Reform Law Institute filed.
10/04/2021	Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondent Robert Boule.
10/04/2021	Brief of respondent Robert Boule in opposition filed.
10/12/2021	Waiver of the 14-day waiting period under Rule 15.5 filed.
10/12/2021	Reply of petitioner Erik Egbert filed. (Distributed)
10/13/2021	DISTRIBUTED for Conference of 10/29/2021.
11/01/2021	DISTRIBUTED for Conference of 11/5/2021.
11/05/2021	Motion for leave to file a brief in opposition under seal with redacted copies for the public record GRANTED.
11/05/2021	Petition GRANTED limited to Questions 1 and 2 presented by the petition.
12/17/2021	ARGUMENT SET FOR Wednesday, March 2, 2022.
12/20/2021	Brief of petitioner Erik Egbert filed.
12/20/2021	Motion of respondent for leave to file the joint appendix under seal with redacted copies for the public record filed.
12/22/2021	Brief amicus curiae of National Border Patrol Council filed.
12/23/2021	Brief amicus curiae of United States filed.
12/27/2021	Brief amicus curiae of Professor Jennifer L. Mascott filed.
12/27/2021	Brief amicus curiae of Independent Women's Law Center filed.
12/27/2021	Brief amici curiae of Dee Farmer, et al. in support of neither party filed.
12/27/2021	Brief amicus curiae of Immigration Reform Law Institute filed.
12/27/2021	Brief amici curiae of Former U.S. Attorneys General John D. Ashcroft, et al. filed.
12/27/2021	Brief amicus curiae of National ICE Council filed.
01/18/2022	Motion of respondent for leave to file the joint appendix under seal with redacted copies for the public record GRANTED.
01/18/2022	Joint appendix redacted volume for the public record (file date of December 20, 2021). Note: revised redacted volume filed February 18, 2022.
01/18/2022	CIRCULATED
01/18/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
01/19/2022	Motion to file respondent's brief on the merits under seal with redacted copies for the public record filed.
01/25/2022	Brief amici curiae of Reporters Committee for Freedom of the Press and 34 Media Organizations filed. (Distributed)
01/26/2022	Brief amici curiae of The DKT Liberty Project, et al. filed. (Distributed)
01/26/2022	Brief amici curiae of Project for Privacy & Surveillance Accountability and Protect the First Foundation filed. (Distributed)
01/26/2022	Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
01/26/2022	Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
01/26/2022	Brief amicus curiae of National Police Accountability Project filed. (Distributed)
01/26/2022	Brief amicus curiae of Roy Sargeant filed. (Distributed)
01/26/2022	Brief amici curiae of Council on American-Islamic Relations and Anas Elhady filed. (Distributed)
01/26/2022	Brief amicus curiae of Institute for Justice filed. (Distributed)
01/26/2022	Brief amicus curiae of Foundation for Individual Rights in Education filed. (Distributed)
02/18/2022	Motion to file respondent's brief on the merits under seal with redacted copies for the public record GRANTED.
02/18/2022	Redacted brief of respondent Robert Boule (filed 1/19/22). (Distributed)
02/18/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
02/18/2022	Reply of petitioner Erik Egbert filed. (Distributed)
02/18/2022	Joint motion of the parties and the Solicitor General for leave to file a revised redacted joint appendix for the public record filed. (Distributed)
02/25/2022	Joint motion of the parties and the Solicitor General for leave to file a revised redacted joint appendix for the public record GRANTED.
02/25/2022	Joint appendix revised redacted volume for the public record (filed 2/18/22). (Distributed)
03/02/2022	Argued. For petitioner: Sarah M. Harris, Washington, D. C.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Felicia H. Ellsworth, Boston, Mass.
06/08/2022	Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Breyer and Kagan, JJ., joined.
07/11/2022	JUDGMENT ISSUED