Federal Bureau of Investigation v. Fazaga

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-828	9th Cir.	Nov 8, 2021	Mar 4, 2022	9-0	Alito	OT 2021

Holding: Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978 " providing a procedure under which a trial-level court or other authority may consider the legality of electronic surveillance conducted under FISA and order specified forms of relief " does not displace the state secrets privilege.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on March 4, 2022.

SCOTUSblog Coverage

Announcement of opinions for Friday, March 4 (complete) (Angie Gou, March 4, 2022)
Government can invoke state secrets privilege in lawsuit alleging unlawful surveillance (Amy Howe, March 4, 2022)
Justices puzzled by interaction of state-secrets privilege and federal surveillance statute (Amy Howe, November 9, 2021)
Justices will again confront state-secrets privilege in lawsuit challenging FBI surveillance of mosques (Amy Howe, November 8, 2021)
New York Second Amendment case headlines November argument calendar (Amy Howe, August 16, 2021)
Justices grant state secrets case, wont tackle male-only draft (Amy Howe, June 7, 2021)
State secrets and the constitutionality of the male-only draft (John Elwood, June 3, 2021)
Two cases on the state-secrets privilege (Andrew Hamm, January 22, 2021)

Date	Proceedings and Orders (key to color coding)
12/17/2020	Petition for a writ of certiorari filed. (Response due January 19, 2021)
12/28/2020	Motion to extend the time to file a response from January 19, 2021 to March 22, 2021, submitted to The Clerk.
12/29/2020	Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2021.
01/05/2021	Waiver of right of respondents James Elmer Mitchell and John Jessen not accepted for filing (waiver filed in wrong case and removed from the docket 3/5/21).
01/18/2021	Brief of respondents Pat Rose, Paul Allen and Kevin Armstrong in support filed.
01/19/2021	Brief of respondents J. Stephen Tidwell and Barbara Walls in support filed.
03/04/2021	Motion to extend the time to file a response from March 22, 2021 to April 21, 2021, submitted to The Clerk.
03/05/2021	Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2021.
04/21/2021	Brief of respondents Yassir Fazaga, et al. in opposition filed.
05/11/2021	DISTRIBUTED for Conference of 5/27/2021.
05/11/2021	Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
06/01/2021	DISTRIBUTED for Conference of 6/3/2021.
06/07/2021	Petition GRANTED.
07/01/2021	Motion for an extension of time to file the briefs on the merits filed.
07/12/2021	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners brief on the merits is extended to and including July 30, 2021. The time to file respondents' briefs on the merits is extended to and including September 21, 2021.
07/30/2021	Brief of respondents Agents J. Stephen Tidwell and Barbara Walls in support of petitioners filed.
07/30/2021	Brief of respondents Agents Paul Allen, Kevin Armstrong, and Pat Rose in support of reversal filed.
07/30/2021	Brief of petitioners Federal Bureau of Investigation, et al. filed.
07/30/2021	Joint appendix filed. (Statement of costs filed)
08/06/2021	Brief amicus curiae of Professor Laura K. Donohue in support of neither party filed.
08/16/2021	ARGUMENT SET FOR Monday, November 8, 2021.
08/25/2021	Application (21A27) to file a response brief on the merits in excess of the word limit, submitted to Justice Kagan.
09/01/2021	Record requested from the U.S.C.A. 9th Circuit.
09/02/2021	Application (21A27) granted by Justice Kagan to file a response brief on the merits in excess of the word limit.
09/21/2021	CIRCULATED
09/21/2021	Brief of respondents Yassir Fazaga, et al. filed. (Distributed)
09/28/2021	Brief amici curiae of Asian Americans Advancing Justice-Asian Law Caucus, et al. filed. (Distributed)
09/28/2021	Brief amici curiae of James Dempsey and Sharon Bradford Franklin filed. (Distributed)
09/28/2021	Brief amici curiae of Constitutional Law Professors filed. (Distributed)
09/28/2021	Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
09/28/2021	Brief amici curiae of 50 Religious Organizations filed. (Distributed)
09/28/2021	Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
09/28/2021	Brief amicus curiae of Project for Privacy & Surveillance Accountability filed. (Distributed)
09/28/2021	Brief amici curiae of The Brennan Center for Justice, et al. filed. (Distributed)
09/28/2021	Motion for divided argument and for enlargement of time for oral argument filed jointly by Agent respondents in support.
09/28/2021	Brief amicus curiae of Professor Barry Siegel filed. (Distributed)
09/28/2021	Brief amici curiae of Free Speech Defense & Education Fund, et al. filed. (Distributed)
10/12/2021	Motion for divided argument and for enlargement of time for oral argument filed by respondents GRANTED.
10/14/2021	The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
10/21/2021	Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
10/21/2021	Reply of respondents Agents J. Stephen Tidwell and Barbara Walls in support of petitioners filed. (Distributed)
10/21/2021	Reply of respondents Agents Paul Allen, Kevin Armstrong, and Pat Rose in support of reversal filed. (Distributed)
11/08/2021	Argued. For petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For Agent Respondents: Catherine M.A. Carroll, Washington, D. C. For respondents Fazaga, et al.: Ahilan T. Arulanantham, Los Angeles, Cal.
03/04/2022	Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
04/05/2022	JUDGMENT ISSUED.