Federal Bureau of Investigation v. Fikre

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

Supreme Court rules No Fly List dispute can go forward (Amy Howe, March 19, 2024)
Court likely to take middle ground in No Fly List dispute (Amy Howe, January 9, 2024)
Government power, from federal agencies to counties, highlights January session (Ellena Erskine, January 9, 2024)
Supreme Court to consider whether Oregon man can sue FBI over No Fly List (Amy Howe, January 3, 2024)
Justices schedule major cases on deference to federal agencies (Amy Howe, November 17, 2023)
Twelve cases added to Supreme Court calendar (Amy Howe, September 29, 2023)
FBI asks justices to wade into No Fly List dispute (Kalvis Golde, July 2, 2023)

Date	Proceedings and Orders (key to color coding)
03/16/2023	Application (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.
03/16/2023	Application (22A822) granted by Justice Kagan extending the time to file until June 2, 2023.
06/02/2023	Petition for a writ of certiorari filed. (Response due July 6, 2023)
06/30/2023	Motion to extend the time to file a response from July 6, 2023 to August 21, 2023, submitted to The Clerk.
07/03/2023	Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2023.
08/21/2023	Brief of respondent Yonas Fikre in opposition filed.
09/05/2023	Reply of petitioners Federal Bureau of Investigation, et al. filed.
09/06/2023	DISTRIBUTED for Conference of 9/26/2023.
09/29/2023	Petition GRANTED.
10/13/2023	Motion to dispense with printing the joint appendix filed by petitioner Federal Bureau of Investigation, et al.
10/30/2023	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
11/13/2023	Brief of petitioners filed.
11/17/2023	Record requested from the United States Court of Appeals for the Ninth Circuit.
11/17/2023	SET FOR ARGUMENT on Monday, January 8, 2024.
11/17/2023	Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party filed.
11/17/2023	Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and available on PACER.
11/30/2023	CIRCULATED
12/01/2023	Sealed material from the United States District Court for the District of Oregon electronically available with the Clerk.
12/13/2023	Brief of respondent Yonas Fikre filed. (Distributed)
12/19/2023	Brief amicus curiae of Liberty Justice Center filed. (Distributed)
12/20/2023	Brief amicus curiae of Constitutional Law Center for Muslims in America filed. (Distributed)
12/20/2023	Brief amicus curiae of Cato Institute filed. (Distributed)
12/20/2023	Brief amici curiae of Sikh Coalition, et al. filed. (Distributed)
12/20/2023	Brief amicus curiae of Institute for Justice filed. (Distributed)
12/20/2023	Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
12/20/2023	Brief amici curiae of Asian Americans Advancing Justice, et al. filed. (Distributed)
12/20/2023	Brief amici curiae of Restore the Fourth, Inc., et al. filed. (Distributed)
12/20/2023	Brief amicus curiae of Patrick G. Eddington filed. (Distributed)
12/28/2023	Reply of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
01/08/2024	Argued. For petitioners: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Gadeir Abbas, Washington, D. C.
02/21/2024	Letter of petitioners Federal Bureau of Investigation, et al. filed. (Distributed)
03/19/2024	Adjudged to be AFFIRMED. Gorsuch, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Kavanaugh, J., joined.
04/22/2024	Judgment Issued.