Supreme Court of the United States · Official docket →
United States v. Zayn al-Abidin Muhammad Husayn, aka Abu Zubaydah, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-35218 · judgment September 18, 2019
Decided · March 3, 2022
Pre-decision estimate: 41% cert probability (95% interval 32%–50%)
Before the decision, about 9.9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Ninth Circuit decision below.
Question presented
Whether the court of appeals erred when it rejected the United States’ assertion of the state-secrets privilege based on the court’s own assessment of potential harms to the national security, and required discovery to proceed further under 28 U.S.C. 1782(a) against former Central Intelligence Agency (CIA) contractors on matters concerning alleged clandestine CIA activities.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
David Franklin Klein
Pillsbury Winthrop Shaw Pittman LLP
Case
Conference history
Distributed for 5 conferences
Amicus briefs
19 merits
(19 respondent)
Argument & decision
Argued October 6, 2021 — Brian H. Fletcher · David F. Klein. Audio and transcript
Decided March 3, 2022. Opinion by Breyer.
Proceedings
- Apr 04 2022JUDGMENT ISSUED.
- Mar 03 2022Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, except as to Parts II-B-2 and III. Roberts, C. J., joined that opinion in full, Kavanaugh and Barrett, JJ., joined as to all but Part II-B-2, Kagan, J., joined as to all but Parts III and IV and the judgment of dismissal, and Thomas and Alito, JJ., joined Part IV. Thomas, J., filed an opinion concurring in part and concurring in the judgment, in which Alito, J., joined. Kavanaugh, J., filed an opinion concurring in part, in which Barrett, J., joined. Kagan, J., filed an opinion concurring in part and dissenting in part. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, J., joined.
- Nov 10 2021Respondents' letter in response to petitioner's 10/15/21 letter filed. (Distributed)
- Oct 25 2021Letter of Zayn al-Abidin Muhammad Husayn, et al. not accepted for filing. (November 12, 2021 - no service on counsel of record indicated, paper copy not received).
- Oct 15 2021Letter of petitioner United States, per oral argument, filed. (Distributed)
- Oct 06 2021Argued. For petitioner: Brian H. Fletcher, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: David F. Klein, Washington, D. C.
- Sep 13 2021Reply of petitioner United States filed. (Distributed)
- Sep 03 2021Letter noting withdrawal of Judge James T. Giles and Judge Stephen M. Orlofsky from amici curiae brief filed on behalf of Former Federal Judges.
- Aug 20 2021Brief amici curiae of Human Rights Organizations filed. (Distributed)
- Aug 20 2021Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
- Aug 20 2021Brief amicus curiae of Center for Justice and Accountability filed. (Distributed)
- Aug 20 2021Brief amici curiae of Former Federal Judges filed. (Distributed)
- Aug 20 2021Brief amicus curiae of September 11th Families for Peaceful Tomorrows filed. (Distributed)
- Aug 20 2021Brief amici curiae of Torture Survivors Maher Arar, et al., filed. (Distributed)
- Aug 20 2021Brief amicus curiae of Public Citizen filed. (Distributed)
- Aug 20 2021Brief amicus curiae of Center for Constitutional Rights filed. (Distributed)
- Aug 20 2021Brief amici curiae of National Religious Campaign Against Torture, et al. filed. (Distributed)
- Aug 20 2021Brief amici curiae of Physicians for Human Rights, et al. filed. (Distributed)
- Aug 20 2021Brief amici curiae of The Bureau of Investigative Journalism and The Rendition Project filed. (Distributed)
- Aug 20 2021Brief amici curiae of Floyd Abrams Institute for Freedom of Expression, et al. filed. (Distributed)
- Aug 20 2021Brief amicus curiae of Bilal Abdul Kareem filed. (Distributed)
- Aug 20 2021Brief amicus curiae of Coalition of Human Rights Scholars filed. (Distributed)
- Aug 19 2021Brief amici curiae of Evidence Law Professors filed. (Distributed)
- Aug 19 2021Brief amicus curiae of Current and Former U.N. Special Rapporteurs filed. (Distributed)
- Aug 19 2021Brief amici curiae of American Civil Liberties Union and Counsel for Ammar al Baluchi filed. (Distributed)
- Aug 17 2021Brief amici curiae of Council on American-Islamic Relations filed. (Distributed corrected brief on 8/31/21).
- Aug 17 2021Brief amicus curiae of Council on American-Islamic Relations filed with correction. (Distributed)
- Aug 13 2021Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. filed. (Distributed)
- Aug 03 2021CIRCULATED
- Jul 29 2021The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
- Jul 28 2021Record requested from the U.S.C.A. 9th Circuit.
- Jul 13 2021ARGUMENT SET FOR Wednesday, October 6, 2021.
- Jul 02 2021Brief of petitioner United States filed.
- May 24 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- May 11 2021Motion 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 2, 2021. The time to file respondents' brief on the merits is extended to and including August 13, 2021.
- May 10 2021Motion to dispense with printing the joint appendix filed by petitioner United States.
- May 07 2021Motion for an extension of time to file the briefs on the merits filed.
- Apr 26 2021Petition GRANTED.
- Apr 19 2021DISTRIBUTED for Conference of 4/23/2021.
- Apr 12 2021DISTRIBUTED for Conference of 4/16/2021.
- Mar 29 2021DISTRIBUTED for Conference of 4/1/2021.
- Mar 22 2021DISTRIBUTED for Conference of 3/26/2021.
- Mar 04 2021Reply of petitioner United States filed. (Distributed)
- Mar 03 2021DISTRIBUTED for Conference of 3/19/2021.
- Feb 11 2021Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. in opposition filed.
- Jan 08 2021Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2021.
- Jan 06 2021Motion to extend the time to file a response from January 19, 2021 to February 11, 2021, submitted to The Clerk.
- Dec 17 2020Petition for a writ of certiorari filed. (Response due January 19, 2021)