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United States v. Zubaydah

Docket No. Op. Below Argument Opinion Vote Author Term
20-827 9th Cir. Oct 6, 2021
TBD TBD TBD OT 2021

Issue: Whether the U.S. Court of Appeals for the 9th Circuit erred when it rejected the United States’ assertion of the state-secrets privilege based on the court’s own assessment of potential harms to the national security, and required discovery to proceed further under 28 U.S.C. 1782(a) against former Central Intelligence Agency contractors on matters concerning alleged clandestine CIA activities.

DateProceedings and Orders (key to color coding)
Dec 17 2020Petition for a writ of certiorari filed. (Response due January 19, 2021)
Jan 06 2021Motion to extend the time to file a response from January 19, 2021 to February 11, 2021, submitted to The Clerk.
Jan 08 2021Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2021.
Feb 11 2021Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. in opposition filed.
Mar 03 2021DISTRIBUTED for Conference of 3/19/2021.
Mar 04 2021Reply of petitioner United States filed. (Distributed)
Mar 22 2021DISTRIBUTED for Conference of 3/26/2021.
Mar 29 2021DISTRIBUTED for Conference of 4/1/2021.
Apr 12 2021DISTRIBUTED for Conference of 4/16/2021.
Apr 19 2021DISTRIBUTED for Conference of 4/23/2021.
Apr 26 2021Petition GRANTED.
May 07 2021Motion for an extension of time to file the briefs on the merits filed.
May 10 2021Motion to dispense with printing the joint appendix filed by petitioner United States.
May 11 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 2, 2021. The time to file respondents' brief on the merits is extended to and including August 13, 2021.
May 24 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 02 2021Brief of petitioner United States filed.
Jul 13 2021ARGUMENT SET FOR Wednesday, October 6, 2021.
Jul 28 2021Record requested from the U.S.C.A. 9th Circuit.
Jul 29 2021The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Aug 03 2021CIRCULATED
Aug 13 2021Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. filed. (Distributed)
Aug 17 2021Brief amici curiae of Council on American-Islamic Relations filed. (Distributed corrected brief on 8/31/21).
Aug 17 2021Brief amicus curiae of Council on American-Islamic Relations filed with correction. (Distributed)
Aug 19 2021Brief amici curiae of Evidence Law Professors filed. (Distributed)
Aug 19 2021Brief amicus curiae of Current and Former U.N. Special Rapporteurs filed. (Distributed)
Aug 19 2021Brief amici curiae of American Civil Liberties Union and Counsel for Ammar al Baluchi filed. (Distributed)
Aug 20 2021Brief amici curiae of Human Rights Organizations filed. (Distributed)
Aug 20 2021Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Aug 20 2021Brief amicus curiae of Center for Justice and Accountability filed. (Distributed)
Aug 20 2021Brief amici curiae of Former Federal Judges filed. (Distributed)
Aug 20 2021Brief amicus curiae of September 11th Families for Peaceful Tomorrows filed. (Distributed)
Aug 20 2021Brief amici curiae of Torture Survivors Maher Arar, et al., filed. (Distributed)
Aug 20 2021Brief amicus curiae of Public Citizen filed. (Distributed)
Aug 20 2021Brief amicus curiae of Center for Constitutional Rights filed. (Distributed)
Aug 20 2021Brief amici curiae of National Religious Campaign Against Torture, et al. filed. (Distributed)
Aug 20 2021Brief amici curiae of Physicians for Human Rights, et al. filed. (Distributed)
Aug 20 2021Brief amici curiae of The Bureau of Investigative Journalism and The Rendition Project filed. (Distributed)
Aug 20 2021Brief amici curiae of Floyd Abrams Institute for Freedom of Expression, et al. filed. (Distributed)
Aug 20 2021Brief amicus curiae of Bilal Abdul Kareem filed. (Distributed)
Aug 20 2021Brief amicus curiae of Coalition of Human Rights Scholars filed. (Distributed)
Sep 03 2021Letter Regarding Amicus Brief on Behalf of Former Federal Judges of Former Federal Judges submitted.
Sep 13 2021Reply of petitioner United States filed. (Distributed)
Oct 06 2021Argued. For petitioner: Brian H. Fletcher, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: David F. Klein, Washington, D. C.
Oct 15 2021Letter of petitioner United States, per oral argument, filed. (Distributed)
Oct 25 2021Letter of Zayn al-Abidin Muhammad Husayn, et al. submitted.