Federal Bureau of Investigation v. Fazaga
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 Samuel Alito on Mar 4, 2022.
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 5, 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 4, 2021Motion to extend the time to file a response from March 22, 2021 to April 21, 2021, submitted to The Clerk.Mar 5, 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 1, 2021DISTRIBUTED for Conference of 6/3/2021.
Jun 7, 2021Petition GRANTED.
Jul 1, 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 6, 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 1, 2021Record requested from the U.S.C.A. 9th Circuit.
Sep 2, 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 8, 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 4, 2022Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
Apr 5, 2022JUDGMENT ISSUED.
Recommended Citation: Federal Bureau of Investigation v. Fazaga, SCOTUSblog, https://www.scotusblog.com/cases/federal-bureau-of-investigation-v-fazaga/