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Federal Bureau of Investigation v. Fazaga

Petition for a writ of certiorari is granted on April 6, 2026. The judgment is vacated, and the case is remanded to the U.S. Court of Appeals for the 9th Circuit with the instruction to remand the case to the district court for reconsideration in light of recent factual developments pertinent to this case and the government's motion to dismiss.

Docket No. Op. BelowArgument Opinion Vote Author Term
25-430 9th Cir. N/A N/A N/A N/A OT 2025

Issue: Whether dismissal of a claim after assertion of the state-secrets privilege requires a district court to adjudicate the merits of the claim using the privileged information where the privileged information is relevant to a defense.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
07/24/2025Application (25A113) to extend the time to file a petition for a writ of certiorari from August 12, 2025 to October 11, 2025, submitted to Justice Kagan.
07/30/2025Application (25A113) granted by Justice Kagan extending the time to file until October 11, 2025.
10/08/2025Petition for a writ of certiorari filed. (Response due November 7, 2025)
10/28/2025Motion to extend the time to file a response from November 7, 2025 to January 6, 2026, submitted to The Clerk.
10/29/2025Motion to extend the time to file a response is granted in part and the time is extended to and including December 16, 2025.
11/07/2025Brief of respondents Paul Allen and Kevin Armstrong in support filed.
12/16/2025Brief of respondents Yassir Fazaga, et al. in opposition filed.
12/19/2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
12/23/2025DISTRIBUTED for Conference of 1/9/2026.
12/23/2025Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
01/12/2026DISTRIBUTED for Conference of 1/16/2026.
01/20/2026DISTRIBUTED for Conference of 1/23/2026.
02/13/2026DISTRIBUTED for Conference of 2/20/2026.
02/23/2026DISTRIBUTED for Conference of 2/27/2026.
03/02/2026DISTRIBUTED for Conference of 3/6/2026.
03/16/2026DISTRIBUTED for Conference of 3/20/2026.
03/23/2026DISTRIBUTED for Conference of 3/27/2026.
03/30/2026DISTRIBUTED for Conference of 4/2/2026.
04/06/2026Petition GRANTED. Judgment VACATED and case REMANDED with the instruction to remand the case to the District Court for reconsideration in light of recent factual developments pertinent to this case and the Government's motion to dismiss.