| No. 20-827 | |
| Title: | United States, Petitioner v. Zayn al-Abidin Muhammad Husayn, aka Abu Zubaydah, et al. |
| Docketed: | December 18, 2020 |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (18-35218) |
| Decision Date: | September 18, 2019 |
| Rehearing Denied: | July 20, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Dec 17 2020 | Petition for a writ of certiorari filed. (Response due January 19, 2021) |
| PetitionAppendixProof of Service | |
| Jan 06 2021 | Motion to extend the time to file a response from January 19, 2021 to February 11, 2021, submitted to The Clerk. |
| Main DocumentProof of Service | |
| Jan 08 2021 | Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2021. |
| Feb 11 2021 | Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. in opposition filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 03 2021 | DISTRIBUTED for Conference of 3/19/2021. |
| Mar 04 2021 | Reply of petitioner United States filed. (Distributed) |
| Main DocumentProof of Service | |
| Mar 22 2021 | DISTRIBUTED for Conference of 3/26/2021. |
| Mar 29 2021 | DISTRIBUTED for Conference of 4/1/2021. |
| Apr 12 2021 | DISTRIBUTED for Conference of 4/16/2021. |
| Apr 19 2021 | DISTRIBUTED for Conference of 4/23/2021. |
| Apr 26 2021 | Petition GRANTED. |
| May 07 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| May 10 2021 | Motion to dispense with printing the joint appendix filed by petitioner United States. |
| Proof of ServiceMain Document | |
| May 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. |
| May 24 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Jul 02 2021 | Brief of petitioner United States filed. |
| Main DocumentCertificate of Word Count | |
| Jul 13 2021 | ARGUMENT SET FOR Wednesday, October 6, 2021. |
| Jul 28 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Jul 29 2021 | The record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Aug 03 2021 | CIRCULATED |
| Aug 13 2021 | Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 17 2021 | Brief amici curiae of Council on American-Islamic Relations filed. (Distributed corrected brief on 8/31/21). |
| Aug 17 2021 | Brief amicus curiae of Council on American-Islamic Relations filed with correction. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2021 | Brief amici curiae of Evidence Law Professors filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2021 | Brief amicus curiae of Current and Former U.N. Special Rapporteurs filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2021 | Brief amici curiae of American Civil Liberties Union and Counsel for Ammar al Baluchi filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amici curiae of Human Rights Organizations filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amicus curiae of Center for Justice and Accountability filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amici curiae of Former Federal Judges filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 20 2021 | Brief amicus curiae of September 11th Families for Peaceful Tomorrows filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amici curiae of Torture Survivors Maher Arar, et al., filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amicus curiae of Public Citizen filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amicus curiae of Center for Constitutional Rights filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amici curiae of National Religious Campaign Against Torture, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amici curiae of Physicians for Human Rights, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amici curiae of The Bureau of Investigative Journalism and The Rendition Project filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amici curiae of Floyd Abrams Institute for Freedom of Expression, et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 20 2021 | Brief amicus curiae of Bilal Abdul Kareem filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 20 2021 | Brief amicus curiae of Coalition of Human Rights Scholars filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Sep 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. |
| Main DocumentProof of Service | |
| Sep 13 2021 | Reply of petitioner United States filed. (Distributed) |
| Proof of ServiceMain Document | |
| Oct 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. |
| Oct 15 2021 | Letter of petitioner United States, per oral argument, filed. (Distributed) |
| Main Document | |
| Oct 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). |
| Nov 10 2021 | Respondents' letter in response to petitioner's 10/15/21 letter filed. (Distributed) |
| Proof of ServiceMain Document | |
| Mar 03 2022 | Judgment 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. |
| Apr 04 2022 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SupremeCtBriefs@USDOJ.gov | 202-514-2217 |
| Party name: United States | ||
| Attorneys for Respondents | ||
| David Franklin Klein Counsel of Record | Pillsbury Winthrop Shaw Pittman LLP 1200 17th Street NW Washington, DC 20036 david.klein@pillsburylaw.com | 202-663-8000 |
| Party name: Zayn al-Abidin Muhammad Husayn, et al. | ||
| Christopher W. Tompkins | Betts, Patterson & Mines, P.S. 701 Pike Street, Suite 1400 Seattle, WA 98101 | 206-292-9988 |
| Party name: James Elmer Mitchell and John Jessen | ||
| Other | ||
| Baher Azmy Counsel of Record | Seton Hall University School of LawCenter for So 833 McCarter Highway Newark, NJ 07102 baherazmy@gmail.com | 6097120345 |
| Party name: Center for Constitutional Rights | ||
| David John Butler Counsel of Record | Taft Stettinius & Hollister LLP 65 East State Street Suite 1000 Columbus, OH 43215 dbutler@taftlaw.com | 614-334-6167 |
| Party name: National Religious Campaign Against Torture, et al. | ||
| Carmen Ka Man Cheung Counsel of Record | Center for Justice and Accountability One Hallidie Plaza #750 San Francisco, CA 94102 ccheung@cja.org | 4156506158 |
| Party name: Center for Justice and Accountability | ||
| Timothy K. Ford Counsel of Record | MacDonald Hoague & Bayless 705 Second Avenue Suite 1500 Seattle, WA 98104 cathyh@mhb.com | 2066221604 |
| Party name: Evidence Law Professors | ||
| Hannah Ruth Garry Counsel of Record | University of Southern California Gould School of Law Int. Human Rights Clinic 699 Exposition Blvd., #442 Los Angeles, CA 90089 hgarry@law.usc.edu | (303) 819-4062 |
| Party name: Torture Survivors Maher Arar, et al., | ||
| Daniel M. Greenfield Counsel of Record | MacArthur Justice Center Northwestern Pritzker School of Law 375 E. Chicago Ave. Chicago, IL 60611-3069 daniel-greenfield@law.northwestern.edu | (312) 503-8538 |
| Party name: The Bureau of Investigative Journalism and The Rendition Project | ||
| Eric Leslie Lewis Counsel of Record | Lewis Baach Kaufmann Middlemiss PLLC 1101 New York Avenue, NW, Suite 1000 Washington, DC 20005 eric.lewis@lbkmlaw.com | 2028338900 |
| Party name: Bilal Abdul Kareem | ||
| Wendy Liu Counsel of Record | Public Citizen Litigation Group 1600 20th Street NW Washington, DC 20009 wliu@citizen.org | 202-588-1000 |
| Party name: Public Citizen | ||
| Lawrence S. Lustberg Counsel of Record | Gibbons P.C. One Gateway Center Newark, NJ 07102 llustberg@gibbonslaw.com | 973-596-4500 |
| Party name: American Civil Liberties Union and Counsel for Ammar al Baluchi | ||
| Lena Fatina Masri Counsel of Record | CAIR Legal Defense Fund 453 New Jersey Avenue SE Washington, DC 20003 ldf@cair.com | 2027426420 |
| Party name: Council on American-Islamic Relations | ||
| Hope R. Metcalf Counsel of Record | Lowenstein International Human Rights Clinic 127 Wall Street P.O. Box 209090 New Haven, CT 06520-9090 hope.metcalf@yale.edu | 203-432-9404 |
| Party name: Current and Former U.N. Special Rapporteurs | ||
| Matthew Robert Nicely Counsel of Record | Akin Gump Strauss Hauer & Feld LLP 2001 K Street, NW Washington, DC 20006 mnicely@akingump.com | 2028874046 |
| Party name: Coalition of Human Rights Scholars | ||
| David A. Schulz Counsel of Record | Media Freedom and Information Access Clinic Yale Law School 127 Wall Street New Haven, CT 06511 david.schulz@yale.edu | (203) 432-4992 |
| Party name: Floyd Abrams Institute for Freedom of Expression, Knight First Amendment Institute at Columbia University, Citizens for Responsibility and Ethics in Washington, and National Security Archive | ||
| Gerson H. Smoger Counsel of Record | Suite 550 14800 Quorum Drive Dallas, TX 75240 gerson@texasinjurylaw.com | 9722435297 |
| Party name: Physicians for Human Rights, et al., | ||
| Steven S. Sparling Counsel of Record | Kramer Levin Naftalis & Frankel LLP 1177 Avenue of the Americas New York, NY 10036 ssparling@kramerlevin.com | 2127159100 |
| Party name: September 11th Families for Peaceful Tomorrows | ||
| Mark S. Sullivan Counsel of Record | Dorsey & Whitney LLP 51 West 52nd Street New York, NY 10019 sullivan.mark@dorsey.com | 2124159200 |
| Party name: Human Rights Organizations | ||
| Meaghan Elizabeth McLaine VerGow Counsel of Record | O'Melveny & Myers LLP 1625 Eye Street, NW Washington, DC 20006 mvergow@omm.com | (202)-383-5300 |
| Party name: Former Federal Judges | ||
| Richard Roy Wiebe Counsel of Record | Law Office of Richard R. Wiebe 44 Montgomery Street Suite 650 San Francisco, CA 94104 wiebe@pacbell.net | 4155058793 |
| Party name: Electronic Frontier Foundation | ||