Federal Aviation Administration v. Cooper

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
10-1024	9th Cir.	Nov 30, 2011 Tr.Aud.	Mar 28, 2012	5-3	Alito	OT 2011

Holding: The authorization of suits against the government for “actual damages” in the Privacy Act of 1974 is not sufficiently clear to constitute a waiver of sovereign immunity from suits for mental and emotional distress.

Judgment: Reversed and remanded, 5-3, in an opinion by Justice Alito on March 28, 2012. Justice Sotomayor filed a dissenting opinion, joined by Justices Ginsburg and Breyer. Justice Kagan took no part in the consideration or decision of this case.

SCOTUSblog Coverage

Opinion analysis: The Court’s Privacy Act standard – neither inconceivable nor implausible (Alex Wohl)
Argument recap: The Court’s Privacy Act rabbit hole (Alex Wohl)
Argument preview: The Privacy Act and damages for distress (Alex Wohl)

Briefs and Documents

Merits Briefs for the Petitioner

Merits Briefs for the Respondent

Brief for Stanmore Cawthon Cooper

Amicus Briefs for the Respondent

Certiorari-stage documents

Opinion below (9th Cir.)

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Editor's Note :

Federal Aviation Administration v. Cooper

SCOTUSblog Coverage

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Certiorari-stage documents

Featured Posts

Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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