Clapper v. Amnesty International USA
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-1025 | 2d Cir. | Oct 29, 2012 | Feb 26, 2013 | 5-4 | Alito | OT 2012 |
Holding: Respondents lack Article III standing to challenge FISA Amendments Act of 2008, 50 U. S. C. " 1881a.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Alito on February 26, 2013. Justice Breyer filed a dissenting opinion in which Justices Ginsburg, Sotomayor, and Kagan joined.
SCOTUSblog Coverage
- Opinion recap: Global wiretap challenge thwarted (Lyle Denniston, February 26, 2013)
- Suing over surveillance secrets (Kali Borkoski, October 29, 2012)
- Argument recap: Sensitive to lawyers' dilemma (Lyle Denniston, October 29, 2012)
- Argument preview: Can global wiretaps be challenged? (Lyle Denniston, October 26, 2012)
- Narrow review of global wiretaps (FINAL UPDATE) (Lyle Denniston, May 21, 2012)
- Petition of the day (Matthew Bush, March 15, 2012)
| Date | Proceedings and Orders |
|---|---|
| 12/09/2011 | Application (11A555) to extend the time to file a petition for a writ of certiorari from December 20, 2011 to January 19, 2012, submitted to Justice Ginsburg. |
| 12/09/2011 | Application (11A555) granted by Justice Ginsburg extending the time to file until January 19, 2012. |
| 01/09/2012 | Application (11A555) to extend further the time to file a petition for a writ of certiorari from January 19, 2012 to February 18, 2012, submitted to Justice Ginsburg. |
| 01/10/2012 | Application (11A555) granted by Justice Ginsburg extending the time to file until February 18, 2012. |
| 02/17/2012 | Petition for a writ of certiorari filed. (Response due March 19, 2012) |
| 02/17/2012 | Appendix of James R. Clapper, Jr., Director of National Intelligence, et al. filed (Volumes I & II). |
| 02/24/2012 | Order extending time to file response to petition to and including April 18, 2012. |
| 03/19/2012 | Brief amici curiae of William Barr, et al. filed. |
| 04/18/2012 | Brief of respondents Amnesty International USA, et al. in opposition filed. |
| 05/01/2012 | DISTRIBUTED for Conference of May 17, 2012. |
| 05/02/2012 | Reply of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed. (Distributed) |
| 05/21/2012 | Petition GRANTED. |
| 05/29/2012 | Motion to dispense with printing the joint appendix filed by petitioner James R. Clapper, Jr., Director of National Intelligence, et al. |
| 05/30/2012 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 26, 2012. |
| 05/30/2012 | The time to file respondents' brief on the merits is extended to and including September 17, 2012. |
| 06/11/2012 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 07/23/2012 | SET FOR ARGUMENT ON Monday, October 29, 2012 |
| 07/26/2012 | Brief of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed. |
| 08/02/2012 | CIRCULATED |
| 08/02/2012 | Brief amici curiae of John D. Ashcroft, et al. filed. (Distributed) |
| 08/08/2012 | Record from U.S.C.A. for 2nd Circuit is electronic. |
| 08/08/2012 | Record from U.S.D.C. for Southern District of New York is electronic. |
| 09/17/2012 | Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondents. |
| 09/17/2012 | Brief of respondents Amnesty International USA, et al. filed. (Distributed) |
| 09/21/2012 | Brief amici curiae of Canadian Civil Liberties Association, et al. filed. (Distributed) |
| 09/24/2012 | Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed. (Distributed) |
| 09/24/2012 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 09/24/2012 | Brief amici curiae of Former Church Committee members and staff filed. (Distributed) Reprinted |
| 09/24/2012 | Brief amici curiae of Gun Owners Foundation, et al. filed. (Distributed) |
| 09/24/2012 | Brief amicus curiae of Committee on Civil Rights of the Association of the Bar of the City of New York filed. (Distributed) |
| 09/24/2012 | Brief amicus curiae of New York State Bar Association filed. (Distributed) |
| 09/24/2012 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
| 09/24/2012 | Brief amici curiae of Center for Constitutional Rights, et al. filed. (Distributed) |
| 09/24/2012 | Brief amicus curiae of The Reporters Committee for Freedom of the Press filed. (Distributed) |
| 10/17/2012 | Reply of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed. (Distributed) |
| 10/29/2012 | Argued. For petitioners: Donald B. Verrilli, Jr., Solicitor General, Department of Justice, Washington, D. C. For respondents: Jameel Jaffer, New York, N. Y. |
| 01/02/2013 | Letter from the Solicitor General filed. (Distributed) |
| 02/26/2013 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. |
| 04/01/2013 | JUDGMENT ISSUED. |
Holding: Respondents lack Article III standing to challenge FISA Amendments Act of 2008, 50 U. S. C. ” 1881a.
Judgment:”Reversed and remanded, 5-4, in an opinion by Justice Alito on February 26, 2013. Justice Breyer filed a dissenting opinion in which Justices Ginsburg, Sotomayor, and Kagan joined.