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Federal Bureau of Investigation v. Fazaga

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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

DateProceedings and Orders (key to color coding)
Dec 17 2020Petition for a writ of certiorari filed. (Response due January 19, 2021)
Dec 28 2020Motion to extend the time to file a response from January 19, 2021 to March 22, 2021, submitted to The Clerk.
Dec 29 2020Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2021.
Jan 05 2021Waiver 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).
Jan 18 2021Brief of respondents Pat Rose, Paul Allen and Kevin Armstrong in support filed.
Jan 19 2021Brief of respondents J. Stephen Tidwell and Barbara Walls in support filed.
Mar 04 2021Motion to extend the time to file a response from March 22, 2021 to April 21, 2021, submitted to The Clerk.
Mar 05 2021Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2021.
Apr 21 2021Brief of respondents Yassir Fazaga, et al. in opposition filed.
May 11 2021DISTRIBUTED for Conference of 5/27/2021.
May 11 2021Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Jun 01 2021DISTRIBUTED for Conference of 6/3/2021.
Jun 07 2021Petition GRANTED.
Jul 01 2021Motion for an extension of time to file the briefs on the merits filed.
Jul 12 2021Motion 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.
Jul 30 2021Brief of respondents Agents J. Stephen Tidwell and Barbara Walls in support of petitioners filed.
Jul 30 2021Brief of respondents Agents Paul Allen, Kevin Armstrong, and Pat Rose in support of reversal filed.
Jul 30 2021Brief of petitioners Federal Bureau of Investigation, et al. filed.
Jul 30 2021Joint appendix filed. (Statement of costs filed)
Aug 06 2021Brief amicus curiae of Professor Laura K. Donohue in support of neither party filed.
Aug 16 2021ARGUMENT SET FOR Monday, November 8, 2021.
Aug 25 2021Application (21A27) to file a response brief on the merits in excess of the word limit, submitted to Justice Kagan.
Sep 01 2021Record requested from the U.S.C.A. 9th Circuit.
Sep 02 2021Application (21A27) granted by Justice Kagan to file a response brief on the merits in excess of the word limit.
Sep 21 2021CIRCULATED
Sep 21 2021Brief of respondents Yassir Fazaga, et al. filed. (Distributed)
Sep 28 2021Brief amici curiae of Asian Americans Advancing Justice-Asian Law Caucus, et al. filed. (Distributed)
Sep 28 2021Brief amici curiae of James Dempsey and Sharon Bradford Franklin filed. (Distributed)
Sep 28 2021Brief amici curiae of Constitutional Law Professors filed. (Distributed)
Sep 28 2021Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Sep 28 2021Brief amici curiae of 50 Religious Organizations filed. (Distributed)
Sep 28 2021Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Sep 28 2021Brief amicus curiae of Project for Privacy & Surveillance Accountability filed. (Distributed)
Sep 28 2021Brief amici curiae of The Brennan Center for Justice, et al. filed. (Distributed)
Sep 28 2021Motion for divided argument and for enlargement of time for oral argument filed jointly by Agent respondents in support.
Sep 28 2021Brief amicus curiae of Professor Barry Siegel filed. (Distributed)
Sep 28 2021Brief amici curiae of Free Speech Defense & Education Fund, et al. filed. (Distributed)
Oct 12 2021Motion for divided argument and for enlargement of time for oral argument filed by respondents GRANTED.
Oct 14 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 21 2021Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Oct 21 2021Reply of respondents Agents J. Stephen Tidwell and Barbara Walls in support of petitioners filed. (Distributed)
Oct 21 2021Reply of respondents Agents Paul Allen, Kevin Armstrong, and Pat Rose in support of reversal filed. (Distributed)
Nov 08 2021Argued. 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.
Mar 04 2022Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
Apr 05 2022JUDGMENT ISSUED.