Supreme Court of the United States

QUESTION PRESENTED:

Whether Section 1806(f) of the Foreign Intelligence Surveillance Act of 1978 displaces the state-secrets privilege and authorizes a district court to resolve, in camera and ex parte, the merits of a lawsuit challenging the lawfulness of government surveillance by considering the privileged evidence.

DateProceedings and Orders
Dec 17 2020 | Petition for a writ of certiorari filed. (Response due January 19, 2021)
Dec 28 2020 | Motion to extend the time to file a response from January 19, 2021 to March 22, 2021, submitted to The Clerk.
Dec 29 2020 | Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2021.
Jan 05 2021 | Waiver 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 2021 | Brief of respondents Pat Rose, Paul Allen and Kevin Armstrong in support filed.
Jan 19 2021 | Brief of respondents J. Stephen Tidwell and Barbara Walls in support filed.
Mar 04 2021 | Motion to extend the time to file a response from March 22, 2021 to April 21, 2021, submitted to The Clerk.
Mar 05 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2021.
Apr 21 2021 | Brief of respondents Yassir Fazaga, et al. in opposition filed.
May 11 2021 | DISTRIBUTED for Conference of 5/27/2021.
May 11 2021 | Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Jun 01 2021 | DISTRIBUTED for Conference of 6/3/2021.
Jun 07 2021 | Petition GRANTED.
Jul 01 2021 | Motion for an extension of time to file the briefs on the merits filed.
Jul 12 2021 | Motion 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 2021 | Brief of respondents Agents J. Stephen Tidwell and Barbara Walls in support of petitioners filed.
Jul 30 2021 | Brief of respondents Agents Paul Allen, Kevin Armstrong, and Pat Rose in support of reversal filed.
Jul 30 2021 | Brief of petitioners Federal Bureau of Investigation, et al. filed.
Jul 30 2021 | Joint appendix filed.
Aug 06 2021 | Brief amicus curiae of Professor Laura K. Donohue in support of neither party filed.
Aug 16 2021 | ARGUMENT SET FOR Monday, November 8, 2021.
Aug 25 2021 | Application (21A27) to file a response brief on the merits in excess of the word limit, submitted to Justice Kagan.
Sep 01 2021 | Record requested from the U.S.C.A. 9th Circuit.
Sep 02 2021 | Application (21A27) granted by Justice Kagan to file a response brief on the merits in excess of the word limit.
Sep 21 2021 | CIRCULATED
Sep 21 2021 | Brief of respondents Yassir Fazaga, et al. filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Asian Americans Advancing Justice-Asian Law Caucus, et al. filed. (Distributed)
Sep 28 2021 | Brief amici curiae of James Dempsey and Sharon Bradford Franklin filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Constitutional Law Professors filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Sep 28 2021 | Brief amici curiae of 50 Religious Organizations filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Sep 28 2021 | Brief amicus curiae of Project for Privacy & Surveillance Accountability filed. (Distributed)
Sep 28 2021 | Brief amici curiae of The Brennan Center for Justice, et al. filed. (Distributed)
Sep 28 2021 | Motion for divided argument and for enlargement of time for oral argument filed jointly by Agent respondents in support.
Sep 28 2021 | Brief amicus curiae of Professor Barry Siegel filed. (Distributed)
Sep 28 2021 | Brief amici curiae of Free Speech Defense & Education Fund, et al. filed. (Distributed)
Oct 12 2021 | Motion for divided argument and for enlargement of time for oral argument filed by respondents GRANTED.
Oct 14 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Oct 21 2021 | Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Oct 21 2021 | Reply of respondents Agents J. Stephen Tidwell and Barbara Walls in support of petitioners filed. (Distributed)
Oct 21 2021 | Reply of respondents Agents Paul Allen, Kevin Armstrong, and Pat Rose in support of reversal filed. (Distributed)
Nov 08 2021 | Argued. 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.