United States v. Zubaydah

Docket No. 20-827
Granted: April 26, 2021
Argued: October 6, 2021
Decided: March 3, 2022
Materials
Apr 4, 2022 JUDGMENT ISSUED.
Mar 3, 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.
Mar 3, 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.
Nov 10, 2021 Respondents' letter in response to petitioner's 10/15/21 letter filed. (Distributed)
Nov 10, 2021 Letter of Zayn al-Abidin Muhammad Husayn, et al. submitted.
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).
Oct 25, 2021 Letter of Zayn al-Abidin Muhammad Husayn, et al. submitted.
Oct 15, 2021 Letter of petitioner United States, per oral argument, filed. (Distributed)
Oct 15, 2021 Letter of United States submitted.
Oct 15, 2021 Letter per oral argument of petitioner United States filed. (Distributed)
Oct 6, 2021 Argued. For petitioner: Brian H. Fletcher, Acting Solicitor General, Department of Justice, Washington, D. C. For respondents: David F. Klein, Washington, D. C.
Sep 13, 2021 Reply of petitioner United States filed. (Distributed)
Sep 13, 2021 Reply of United States submitted.
Sep 3, 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.
Sep 3, 2021 Letter Regarding Amicus Brief on Behalf of Former Federal Judges of Former Federal Judges submitted.
Sep 3, 2021 Letter Regarding Amicus Brief on Behalf of Former Federal Judges of Former Federal Judges submitted.
Aug 20, 2021 Amicus brief of Public Citizen submitted.
Aug 20, 2021 Amicus brief of Former Federal Judges submitted.
Aug 20, 2021 Amicus brief of Human Rights Organizations submitted.
Aug 20, 2021 Amicus brief of Center for Constitutional Rights submitted.
Aug 20, 2021 Amicus brief of Physicians for Human Rights, American Psychoanalytic Association, Coalition for an Ethical Psychology, Psychologists for Social Responsibility, Phil G. Zimbardo, PHD, Stephen N. Xenakis, MD, Matthew Wynia, MD, Mph, Kerry J. Sulkowicz, MD, Stephen Soldz, PHD, Gail Saltz, MD, Steven Reisner, PHD, Vincent Iacopino, MD, PHD, David S. Cantor, PHD, And Carol A. Bernstein, MD submitted.
Aug 20, 2021 Amicus brief of Bilal Abdul Kareem submitted.
Aug 20, 2021 Brief amici curiae of Human Rights Organizations filed. (Distributed)
Aug 20, 2021 Amicus brief of Coalition of Human Rights Scholars submitted.
Aug 20, 2021 Amicus brief of National Religious Campaign Against Torture, et al. submitted.
Aug 20, 2021 Amicus brief of 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 submitted.
Aug 20, 2021 Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Aug 20, 2021 Amicus brief of Maher Arar submitted.
Aug 20, 2021 Amicus brief of Electronic Frontier Foundation submitted.
Aug 20, 2021 Amicus brief of The Bureau of Investigative Journalism and The Rendition Project submitted.
Aug 20, 2021 Amicus brief of Center for Justice and Accountability submitted.
Aug 20, 2021 Amicus brief of Current and Former U.N. Special Rapporteurs submitted.
Aug 20, 2021 Amicus brief of September 11th Families for Peaceful Tomorrows submitted.
Aug 20, 2021 Brief amici curiae of National Religious Campaign Against Torture, et al. filed. (Distributed)
Aug 20, 2021 Brief amici curiae of Physicians for Human Rights, et al., filed. (Distributed)
Aug 20, 2021 Brief amicus curiae of Center for Justice and Accountability filed. (Distributed)
Aug 20, 2021 Brief amici curiae of The Bureau of Investigative Journalism and The Rendition Project filed. (Distributed)
Aug 20, 2021 Brief amicus curiae of Bilal Abdul Kareem filed. (Distributed)
Aug 20, 2021 Brief amici curiae of Floyd Abrams Institute for Freedom of Expression, et al. filed. (Distributed)
Aug 20, 2021 Brief amici curiae of Physicians for Human Rights, et al. filed. (Distributed)
Aug 20, 2021 Brief amicus curiae of Coalition of Human Rights Scholars filed. (Distributed)
Aug 20, 2021 Brief amici curiae of 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 filed. (Distributed)
Aug 20, 2021 Brief amicus curiae of September 11th Families for Peaceful Tomorrows filed. (Distributed)
Aug 20, 2021 Brief amicus curiae of Center for Constitutional Rights filed. (Distributed)
Aug 20, 2021 Brief amici curiae of Former Federal Judges filed. (Distributed)
Aug 20, 2021 Brief amici curiae of Torture Survivors Maher Arar, et al., filed. (Distributed)
Aug 20, 2021 Brief amicus curiae of Public Citizen filed. (Distributed)
Aug 19, 2021 Brief amici curiae of Evidence Law Professors filed. (Distributed)
Aug 19, 2021 Amicus brief of American Civil Liberties Union and Counsel for Ammar al Baluchi submitted.
Aug 19, 2021 Amicus brief of Council on American-Islamic Relations submitted.
Aug 19, 2021 Amicus brief of Evidence Law Professors submitted.
Aug 19, 2021 Brief amicus curiae of Current and Former U.N. Special Rapporteurs filed. (Distributed)
Aug 19, 2021 Brief amici curiae of American Civil Liberties Union and Counsel for Ammar al Baluchi filed. (Distributed)
Aug 17, 2021 Brief amicus curiae of Council on American-Islamic Relations filed with correction. (Distributed)
Aug 17, 2021 Brief amici curiae of Council on American-Islamic Relations filed. (Distributed)
Aug 17, 2021 Amicus brief of Council on American-Islamic Relations submitted.
Aug 17, 2021 Brief amici curiae of Council on American-Islamic Relations filed. (Distributed corrected brief on 8/31/21).
Aug 13, 2021 Brief of Zayn al-Abidin Muhammad Husayn, et al. submitted.
Aug 13, 2021 Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. filed. (Distributed)
Aug 3, 2021 CIRCULATED
Jul 29, 2021 The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Jul 28, 2021 Record requested from the U.S.C.A. 9th Circuit.
Jul 13, 2021 ARGUMENT SET FOR Wednesday, October 6, 2021.
Jul 2, 2021 Brief of United States submitted.
Jul 2, 2021 Brief of petitioner United States filed.
May 24, 2021 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
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 10, 2021 Motion to dispense with printing the joint appendix filed by petitioner United States.
May 10, 2021 Motion of United States to dispense with joint appendix submitted.
May 7, 2021 Motion for an extension of time filed.
May 7, 2021 Motion of United States for an extension of time submitted.
May 7, 2021 Motion for an extension of time to file the briefs on the merits filed.
Apr 26, 2021 Petition GRANTED.
Apr 19, 2021 DISTRIBUTED for Conference of 4/23/2021.
Apr 12, 2021 DISTRIBUTED for Conference of 4/16/2021.
Mar 29, 2021 DISTRIBUTED for Conference of 4/1/2021.
Mar 22, 2021 DISTRIBUTED for Conference of 3/26/2021.
Mar 4, 2021 Reply of petitioner United States filed. (Distributed)
Mar 3, 2021 DISTRIBUTED for Conference of 3/19/2021.
Feb 11, 2021 Brief of respondents Zayn al-Abidin Muhammad Husayn, et al. in opposition filed.
Jan 8, 2021 Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2021.
Jan 6, 2021 Motion to extend the time to file a response from January 19, 2021 to February 11, 2021, submitted to The Clerk.
Dec 17, 2020 Petition for a writ of certiorari filed. (Response due January 19, 2021)
May 11, 2012 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.