Supreme Court of the United States · Official docket →
Nathan Van Buren v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-12024 · judgment October 10, 2019
Decided · June 3, 2021
Pre-decision estimate: 19% cert probability (95% interval 13%–28%)
Before the decision, about 4.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a circuit split argued in the petition.
Question presented
Whether a person who is authorized to access information on a computer for certain purposes violates Section 1030(a)(2) of the Computer Fraud and Abuse Act if he accesses the same information for an improper purpose.
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Law School Supreme Court Litigation Clinic
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 20 merits
(14 supporting pet./neither, 6 respondent)
Argument & decision
Argued November 30, 2020 — Jeffrey L. Fisher · Eric J. Feigin. Audio and transcript
Decided June 3, 2021. Opinion by Barrett.
Proceedings
- Feb 15 2023Record returned to the U.S.D.C Northern District of Georgia (three envelopes).
- Jul 06 2021JUDGMENT ISSUED.
- Jun 03 2021Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Roberts, C. J., and Alito, J., joined.
- Nov 30 2020Argued. For petitioner: Jeffrey L. Fisher, Stanford, Cal. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
- Nov 04 2020Record received from the U.S.D.C Northern District of Georgia (Atlanta) Some sealed materials. One Envelope.
- Oct 27 2020CIRCULATED
- Oct 13 2020Record received from the U.S.C.A. 11th Circuit is electronic and located on PACER.
- Oct 08 2020Record requested from the U.S.C.A. 11th Circuit.
- Sep 28 2020Reply of petitioner Nathan Van Buren filed.
- Sep 16 2020SET FOR ARGUMENT on Monday, November 30, 2020.
- Sep 03 2020Brief amici curiae of Electronic Privacy Information Center, et al. filed.
- Sep 03 2020Brief amicus curiae of Voatz, Inc. filed.
- Sep 03 2020Brief amicus curiae of Digital Justice Foundation filed.
- Sep 02 2020Brief amici curiae of Karen Heart and Anthony Volini of CIPLIT filed.
- Sep 01 2020Brief amicus curiae of Managed Funds Association filed.
- Aug 31 2020Brief amicus curiae of Federal Law Enforcement Officers Association filed.
- Aug 27 2020Brief of respondent United States filed.
- Jul 08 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Jul 08 2020Brief amicus curiae of Committee for Justice filed.
- Jul 08 2020Brief amicus curiae of Americans for Prosperity Foundation filed.
- Jul 08 2020Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed.
- Jul 08 2020Brief amici curiae of National Whistleblower Center filed.
- Jul 08 2020Brief amicus curiae of The United States Technology Policy Committee of the ACM in support of neither party filed.
- Jul 08 2020Brief amici curiae of Technology Companies filed.
- Jul 08 2020Brief amicus curiae of Orin S. Kerr filed.
- Jul 08 2020Brief amici curiae of Computer Security Researchers, et al. filed.
- Jul 08 2020Brief amicus curiae of The Markup filed.
- Jul 07 2020Brief amici curiae of The R Street Institute, et al. filed.
- Jul 07 2020Brief amici curiae of Kyratso Karahalios, et al. filed.
- Jul 07 2020Brief amicus curiae of Association of Medical Device Service Organizations filed.
- Jul 07 2020Brief amicus curiae of Association of Medical Device Reprocessors filed.
- Jul 01 2020Joint appendix filed. (Statement of costs received 5/11/21).
- Jul 01 2020Brief of petitioner Nathan Van Buren filed.
- Jun 04 2020Blanket Consent filed by Petitioner, Nathan Van Buren
- May 06 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 1, 2020. The time to file respondent's brief on the merits is extended to and including August 27, 2020.
- Apr 29 2020Motion for an extension of time to file the briefs on the merits filed.
- Apr 20 2020Petition GRANTED.
- Apr 13 2020DISTRIBUTED for Conference of 4/17/2020.
- Mar 18 2020DISTRIBUTED for Conference of 4/3/2020.
- Mar 18 2020Reply of petitioner Nathan Van Buren filed.
- Mar 10 2020Brief of respondent United States of America in opposition filed.
- Jan 31 2020Motion to extend the time to file a response from February 18, 2020 to March 10, 2020, submitted to The Clerk.
- Jan 31 2020Motion to extend the time to file a response is granted and the time is further extended to and including March 10, 2020.
- Jan 17 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Jan 17 2020Brief amici curiae of Electronic Frontier Foundation, et al. filed.
- Jan 13 2020Motion to extend the time to file a response is granted and the time is extended to and including February 18, 2020.
- Jan 10 2020Motion to extend the time to file a response from January 17, 2020 to February 18, 2020, submitted to The Clerk.
- Jan 07 2020Blanket Consent filed by Petitioner, Nathan Van Buren.
- Dec 18 2019Petition for a writ of certiorari filed. (Response due January 17, 2020)