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Federal Bureau of Investigation v. Fikre

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Docket No. Op. Below Argument Opinion Vote Author Term
22-1178 9th Cir. Jan 8, 2024
 Mar 19, 2024 9-0 Gorsuch OT 2023

Holding: The government failed to meet its burden to demonstrate that Yonas Fikre’s removal from the government’s No Fly List mooted his 42 U.S.C. § 1983 case because its declaration did not disclose the conduct that landed Fikre on the No Fly List and did not ensure that he would not be placed back on the list for engaging in the same or similar conduct in the future.

Judgment: Affirmed, 9-0, in an opinion by Justice Gorsuch on March 19, 2024. Justice Alito filed a concurring opinion, in which Justice Kavanaugh joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 16 2023Application (22A822) to extend the time to file a petition for a writ of certiorari from April 4, 2023 to June 2, 2023, submitted to Justice Kagan.
Mar 16 2023Application (22A822) granted by Justice Kagan extending the time to file until June 2, 2023.
Jun 02 2023Petition for a writ of certiorari filed. (Response due July 6, 2023)
Jun 30 2023Motion to extend the time to file a response from July 6, 2023 to August 21, 2023, submitted to The Clerk.
Jul 03 2023Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023.
Aug 21 2023Brief of respondent Yonas Fikre in opposition filed.
Sep 05 2023Reply of petitioners Federal Bureau of Investigation, et al. filed.
Sep 06 2023DISTRIBUTED for Conference of 9/26/2023.
Sep 29 2023Petition GRANTED.
Oct 13 2023Motion to dispense with printing the joint appendix filed by petitioner Federal Bureau of Investigation, et al.
Oct 30 2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Nov 13 2023Brief of petitioners filed.
Nov 17 2023Record requested from the United States Court of Appeals for the Ninth Circuit.
Nov 17 2023SET FOR ARGUMENT on Monday, January 8, 2024.
Nov 17 2023Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
Nov 17 2023Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
Nov 30 2023CIRCULATED
Dec 01 2023Sealed material from the United States District Court for the District of Oregon electronically available with the Clerk.
Dec 13 2023Brief of respondent Yonas Fikre filed. (Distributed)
Dec 19 2023Brief amicus curiae of Liberty Justice Center filed. (Distributed)
Dec 20 2023Brief amicus curiae of Constitutional Law Center for Muslims in America filed. (Distributed)
Dec 20 2023Brief amicus curiae of Cato Institute filed. (Distributed)
Dec 20 2023Brief amici curiae of Sikh Coalition, et al. filed. (Distributed)
Dec 20 2023Brief amicus curiae of Institute for Justice filed. (Distributed)
Dec 20 2023Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Dec 20 2023Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
Dec 20 2023Brief amici curiae of Restore the Fourth, Inc., et al. filed. (Distributed)
Dec 20 2023Brief amicus curiae of Patrick G. Eddington filed. (Distributed)
Dec 28 2023Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Jan 08 2024Argued. For petitioners: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Gadeir Abbas, Washington, D. C.
Feb 21 2024Letter of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
Mar 19 2024Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined.
Apr 22 2024Judgment Issued.