Supreme Court of the United States · Official docket →
Federal Bureau of Investigation, et al. v. Yassir Fazaga, et al.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 12-56867, 12-56874, 13-55017 · judgment July 20, 2020
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
Section 1806 of the Foreign Intelligence Surveillance Act of 1978 (FISA), 50 U.S.C. 1801 et seq., governs the "[u]se of information" obtained or derived from electronic surveillance for foreign-intelligence purposes under FISA. 50 U.S.C. 1806. Section 1806 (c) and (d) require the federal or a state government to provide notice to an aggrieved person whenever it intends to introduce such information as evidence in any proceedings against that person. Section 1806(e) affords the aggrieved person the opportunity to move to suppress any such information that was not obtained in compliance with FISA. And Section 1806(f) establishes special in camera and ex parte procedures to determine the admissibility of such evidence, if the Attorney General attests that a typical adversarial hearing would harm the national security of the United States. The question presented is as follows: Whether Section 1806(f) 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.
Counsel of record
For petitioner
Elizabeth B. Prelogar
Solicitor General
For respondent
Ahilan T. Arulanantham
UCLA SCHOOL OF LAW
Case
Conference history
Distributed for 2 conferences
Amicus briefs
11 merits
(1 supporting pet./neither, 10 respondent)
Argument & decision
Argued November 8, 2021 — Edwin S. Kneedler · Catherine M.A. Carroll · Ahilan T. Arulanantham. Audio and transcript
Decided March 4, 2022. Opinion by Alito.
Proceedings
- Apr 05 2022JUDGMENT ISSUED.
- Mar 04 2022Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion for a unanimous Court.
- Nov 08 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.
- 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)
- Oct 14 2021The record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
- Oct 12 2021Motion for divided argument and for enlargement of time for oral argument filed by respondents GRANTED.
- 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)
- Sep 21 2021CIRCULATED
- Sep 21 2021Brief of respondents Yassir Fazaga, et al. filed. (Distributed)
- Sep 02 2021Application (21A27) granted by Justice Kagan to file a response brief on the merits in excess of the word limit.
- Sep 01 2021Record requested from the U.S.C.A. 9th Circuit.
- Aug 25 2021Application (21A27) to file a response brief on the merits in excess of the word limit, submitted to Justice Kagan.
- Aug 16 2021ARGUMENT SET FOR Monday, November 8, 2021.
- Aug 06 2021Brief amicus curiae of Professor Laura K. Donohue in support of neither party filed.
- 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)
- 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 01 2021Motion for an extension of time to file the briefs on the merits filed.
- Jun 07 2021Petition GRANTED.
- Jun 01 2021DISTRIBUTED for Conference of 6/3/2021.
- May 11 2021DISTRIBUTED for Conference of 5/27/2021.
- May 11 2021Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
- Apr 21 2021Brief of respondents Yassir Fazaga, et al. in opposition filed.
- Mar 05 2021Motion to extend the time to file a response is granted and the time is further extended to and including April 21, 2021.
- Mar 04 2021Motion to extend the time to file a response from March 22, 2021 to April 21, 2021, submitted to The Clerk.
- Jan 19 2021Brief of respondents J. Stephen Tidwell and Barbara Walls in support filed.
- Jan 18 2021Brief of respondents Pat Rose, Paul Allen and Kevin Armstrong in support filed.
- Jan 05 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).
- Dec 29 2020Motion to extend the time to file a response is granted and the time is extended to and including March 22, 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 17 2020Petition for a writ of certiorari filed. (Response due January 19, 2021)