United States v. Zubaydah
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-827 | 9th Cir. | Oct 6, 2021 | Mar 3, 2022 | 7-2 | Breyer | OT 2021 |
Holding: The U.S. Court of Appeals for the 9th Circuit"s judgment that the district court erred in dismissing Zubaydah"s discovery request on the basis of the state secrets privilege is reversed, and the case is remanded with instructions to dismiss Zubaydah"s current discovery application.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Breyer on March 3, 2022. Justice Breyer delivered the opinion of the court, except as to Parts II-B-2 and III. Chief Justice Roberts joined the opinion in full. Justices Kavanaugh and Barrett joined as to all but Part II-B-2. Justice Kagan joined as to all but Parts III and IV and the judgment of dismissal. Justices Thomas and Alito joined Part IV. Thomas filed an opinion concurring in part and concurring in the judgment, in which Alito joined. Kavanaugh filed an opinion concurring in part, in which Barrett joined. Kagan filed an opinion concurring in part and dissenting in part. Justice Gorsuch filed a dissenting opinion, in which Justice Sotomayor joined.
SCOTUSblog Coverage
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| Date | Proceedings and Orders |
|---|---|
| 12/17/2020 | Petition for a writ of certiorari filed. (Response due January 19, 2021) |
| 01/06/2021 | Motion to extend the time to file a response from January 19, 2021 to February 11, 2021, submitted to The Clerk. |
| 01/08/2021 | Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2021. |
| 02/11/2021 | Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. in opposition filed. |
| 03/03/2021 | DISTRIBUTED for Conference of 3/19/2021. |
| 03/04/2021 | Reply of petitioner United States filed. (Distributed) |
| 03/22/2021 | DISTRIBUTED for Conference of 3/26/2021. |
| 03/29/2021 | DISTRIBUTED for Conference of 4/1/2021. |
| 04/12/2021 | DISTRIBUTED for Conference of 4/16/2021. |
| 04/19/2021 | DISTRIBUTED for Conference of 4/23/2021. |
| 04/26/2021 | Petition GRANTED. |
| 05/07/2021 | Motion for an extension of time to file the briefs on the merits filed. |
| 05/10/2021 | Motion to dispense with printing the joint appendix filed by petitioner United States. |
| 05/11/2021 | Motion 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. |
| 05/24/2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 07/02/2021 | Brief of petitioner United States filed. |
| 07/13/2021 | ARGUMENT SET FOR Wednesday, October 6, 2021. |
| 07/28/2021 | Record requested from the U.S.C.A. 9th Circuit. |
| 07/29/2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 08/03/2021 | CIRCULATED |
| 08/13/2021 | Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. filed. (Distributed) |
| 08/17/2021 | Brief amici curiae of Council on American-Islamic Relations filed. (Distributed corrected brief on 8/31/21). |
| 08/17/2021 | Brief amicus curiae of Council on American-Islamic Relations filed with correction. (Distributed) |
| 08/19/2021 | Brief amici curiae of Evidence Law Professors filed. (Distributed) |
| 08/19/2021 | Brief amicus curiae of Current and Former U.N. Special Rapporteurs filed. (Distributed) |
| 08/19/2021 | Brief amici curiae of American Civil Liberties Union and Counsel for Ammar al Baluchi filed. (Distributed) |
| 08/20/2021 | Brief amici curiae of Human Rights Organizations filed. (Distributed) |
| 08/20/2021 | Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed) |
| 08/20/2021 | Brief amicus curiae of Center for Justice and Accountability filed. (Distributed) |
| 08/20/2021 | Brief amici curiae of Former Federal Judges filed. (Distributed) |
| 08/20/2021 | Brief amicus curiae of September 11th Families for Peaceful Tomorrows filed. (Distributed) |
| 08/20/2021 | Brief amici curiae of Torture Survivors Maher Arar, et al., filed. (Distributed) |
| 08/20/2021 | Brief amicus curiae of Public Citizen filed. (Distributed) |
| 08/20/2021 | Brief amicus curiae of Center for Constitutional Rights filed. (Distributed) |
| 08/20/2021 | Brief amici curiae of National Religious Campaign Against Torture, et al. filed. (Distributed) |
| 08/20/2021 | Brief amici curiae of Physicians for Human Rights, et al. filed. (Distributed) |
| 08/20/2021 | Brief amici curiae of The Bureau of Investigative Journalism and The Rendition Project filed. (Distributed) |
| 08/20/2021 | Brief amici curiae of Floyd Abrams Institute for Freedom of Expression, et al. filed. (Distributed) |
| 08/20/2021 | Brief amicus curiae of Bilal Abdul Kareem filed. (Distributed) |
| 08/20/2021 | Brief amicus curiae of Coalition of Human Rights Scholars filed. (Distributed) |
| 09/03/2021 | Letter noting withdrawal of Judge James T. Giles and Judge Stephen M. Orlofsky from amici curiae brief filed on behalf of Former Federal Judges. |
| 09/13/2021 | Reply of petitioner United States filed. (Distributed) |
| 10/06/2021 | Argued. For petitioner: Brian H. Fletcher, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: David F. Klein, Washington, D. C. |
| 10/15/2021 | Letter of petitioner United States, per oral argument, filed. (Distributed) |
| 10/25/2021 | Letter 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). |
| 11/10/2021 | Respondents' letter in response to petitioner's 10/15/21 letter filed. (Distributed) |
| 03/03/2022 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/21pdf/20-827_new2_feah.pdf'>opinion</a> 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. |
| 04/04/2022 | JUDGMENT ISSUED. |