Skip to main content

Clapper v. Amnesty International USA

Docket No.11-1025
Op. Below2d Cir.
ArgumentOct 29, 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 Samuel Alito on Feb 26, 2013. Justice Breyer filed a dissenting opinion in which Justices Ginsburg, Sotomayor, and Kagan joined.

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.

Proceedings & orders timeline

Dec 9, 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.
Dec 9, 2011
Application (11A555) granted by Justice Ginsburg extending the time to file until January 19, 2012.
Jan 9, 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.
Jan 10, 2012
Application (11A555) granted by Justice Ginsburg extending the time to file until February 18, 2012.
Feb 17, 2012
Petition for a writ of certiorari filed. (Response due March 19, 2012)
Feb 17, 2012
Appendix of James R. Clapper, Jr., Director of National Intelligence, et al. filed (Volumes I & II).
Feb 24, 2012
Order extending time to file response to petition to and including April 18, 2012.
Mar 19, 2012
Brief amici curiae of William Barr, et al. filed.
Apr 18, 2012
Brief of respondents Amnesty International USA, et al. in opposition filed.
May 1, 2012
DISTRIBUTED for Conference of May 17, 2012.
May 2, 2012
Reply of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed. (Distributed)
May 21, 2012
Petition GRANTED.
May 29, 2012
Motion to dispense with printing the joint appendix filed by petitioner James R. Clapper, Jr., Director of National Intelligence, et al.
May 30, 2012
The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 26, 2012.
May 30, 2012
The time to file respondents' brief on the merits is extended to and including September 17, 2012.
Jun 11, 2012
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 23, 2012
SET FOR ARGUMENT ON Monday, October 29, 2012
Jul 26, 2012
Brief of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed.
Aug 2, 2012
CIRCULATED
Aug 2, 2012
Brief amici curiae of John D. Ashcroft, et al. filed. (Distributed)
Aug 8, 2012
Record from U.S.C.A. for 2nd Circuit is electronic.
Aug 8, 2012
Record from U.S.D.C. for Southern District of New York is electronic.
Sep 17, 2012
Consent to the filing of amicus curiae briefs, in support of either party or neither party, received from counsel for the respondents.
Sep 17, 2012
Brief of respondents Amnesty International USA, et al. filed. (Distributed)
Sep 21, 2012
Brief amici curiae of Canadian Civil Liberties Association, et al. filed. (Distributed)
Sep 24, 2012
Brief amici curiae of Electronic Privacy Information Center (EPIC), et al. filed. (Distributed)
Sep 24, 2012
Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Sep 24, 2012
Brief amici curiae of Former Church Committee members and staff filed. (Distributed) Reprinted
Sep 24, 2012
Brief amici curiae of Gun Owners Foundation, et al. filed. (Distributed)
Sep 24, 2012
Brief amicus curiae of Committee on Civil Rights of the Association of the Bar of the City of New York filed. (Distributed)
Sep 24, 2012
Brief amicus curiae of New York State Bar Association filed. (Distributed)
Sep 24, 2012
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Sep 24, 2012
Brief amici curiae of Center for Constitutional Rights, et al. filed. (Distributed)
Sep 24, 2012
Brief amicus curiae of The Reporters Committee for Freedom of the Press filed. (Distributed)
Oct 17, 2012
Reply of petitioners James R. Clapper, Jr., Director of National Intelligence, et al. filed. (Distributed)
Oct 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.
Jan 2, 2013
Letter from the Solicitor General filed. (Distributed)
Feb 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.
Apr 1, 2013
JUDGMENT ISSUED.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.