Decided

No. 21-147

Erik Egbert v. Robert Boule

from the United States Court of Appeals for the Ninth Circuit

See other cases from the Ninth Circuit.

Docket Entries

Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed an opinion concurring in the judgment. Sotomayor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Breyer and Kagan, JJ., joined.

Argued. For petitioner: Sarah M. Harris, Washington, D. C.; and Michael R. Huston, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Felicia H. Ellsworth, Boston, Mass.

Joint motion of the parties and the Solicitor General for leave to file a revised redacted joint appendix for the public record GRANTED.

Joint appendix revised redacted volume for the public record (filed 2/18/22). (Distributed)

Motion to file respondent's brief on the merits under seal with redacted copies for the public record GRANTED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.

Redacted brief of respondent Robert Boule (filed 1/19/22). (Distributed)

Joint motion of the parties and the Solicitor General for leave to file a revised redacted joint appendix for the public record filed. (Distributed)

Reply of petitioner Erik Egbert filed. (Distributed)

Brief amicus curiae of Institute for Justice filed. (Distributed)

Brief amicus curiae of Foundation for Individual Rights in Education filed. (Distributed)

Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)

Brief amici curiae of Council on American-Islamic Relations and Anas Elhady filed. (Distributed)

Brief amicus curiae of Roy Sargeant filed. (Distributed)

Brief amicus curiae of National Police Accountability Project filed. (Distributed)

Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)

Brief amici curiae of Project for Privacy & Surveillance Accountability and Protect the First Foundation filed. (Distributed)

Brief amici curiae of The DKT Liberty Project, et al. filed. (Distributed)

Brief amici curiae of Reporters Committee for Freedom of the Press and 34 Media Organizations filed. (Distributed)

Motion to file respondent's brief on the merits under seal with redacted copies for the public record filed.

Joint appendix redacted volume for the public record (file date of December 20, 2021). Note: revised redacted volume filed February 18, 2022.

Motion of respondent for leave to file the joint appendix under seal with redacted copies for the public record GRANTED.

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.

CIRCULATED

Brief amicus curiae of Professor Jennifer L. Mascott filed.

Brief amicus curiae of National ICE Council filed.

Brief amici curiae of Former U.S. Attorneys General John D. Ashcroft, et al. filed.

Brief amicus curiae of Immigration Reform Law Institute filed.

Brief amici curiae of Dee Farmer, et al. in support of neither party filed.

Brief amicus curiae of Independent Women's Law Center filed.

Brief amicus curiae of United States filed.

Brief amicus curiae of National Border Patrol Council filed.

Motion of respondent for leave to file the joint appendix under seal with redacted copies for the public record filed.

Brief of petitioner Erik Egbert filed.

ARGUMENT SET FOR Wednesday, March 2, 2022.

Petition GRANTED limited to Questions 1 and 2 presented by the petition.

Motion for leave to file a brief in opposition under seal with redacted copies for the public record GRANTED.

DISTRIBUTED for Conference of 11/5/2021.

DISTRIBUTED for Conference of 10/29/2021.

Reply of petitioner Erik Egbert filed. (Distributed)

Waiver of the 14-day waiting period under Rule 15.5 filed.

Brief of respondent Robert Boule in opposition filed.

Motion for leave to file a brief in opposition under seal with redacted copies for the public record filed by respondent Robert Boule.

Brief amicus curiae of Immigration Reform Law Institute filed.

Brief amicus curiae of National Border Patrol Council filed.

Brief amicus curiae of Independent Women's Law Center filed.

Motion to extend the time to file a response is granted and the time is extended to and including October 4, 2021.

Motion to extend the time to file a response from September 2, 2021 to October 4, 2021, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due September 2, 2021)

Parties

Erik Egbert, Petitioner, represented by Sarah Michelle Harris

Robert Boule, Respondent, represented by Felicia H. Ellsworth

Amici Curiae

American Civil Liberties Union, American Civil Liberties Union of Washington, Cato Institute, Roderick & Solange Macarthur Justice Center, National Immigration Litigation Alliance, and Northwest Immigrant Rights Project, Amicus Curiae, represented by Cecillia Derphine Wang

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Council on American-Islamic Relations and Anas Elhady, Amicus Curiae, represented by Lena Fatina Masri

Dee Farmer, Marcellas Hoffman, Chrissy Shorter, and Donald Snowden, Amicus Curiae, represented by David Meir Zionts

Former U.S. Attorneys General John D. Ashcroft, William P. Barr, Alberto R. Gonzales, Edwin Meese III, Michael B. Mukasey, and Jefferson B. Sessions III, Amicus Curiae, represented by Steven Andrew Engel

Foundation for Individual Rights in Education, Amicus Curiae, represented by Darpana M. Sheth

Immigration Reform Law Institute, Amicus Curiae, represented by Lawrence J. Joseph

Independent Women's Law Center, Amicus Curiae, represented by John Mercer Masslon II

Institute for Justice, Amicus Curiae, represented by Patrick Michael Jaicomo

National Border Patrol Council, Amicus Curiae, represented by Jim Ernest Calle

National ICE Council, Amicus Curiae, represented by Michael Alan Morguess

National Police Accountability Project, Amicus Curiae, represented by Melanie Lynn Bostwick

Professor Jennifer L. Mascott, Amicus Curiae, represented by R. Trent McCotter

Project for Privacy & Surveillance Accountability and Protect the First Foundation, Amicus Curiae, represented by Gene Clayton Schaerr

Reporters Committee for Freedom of the Press and 34 Media Organizations, Amicus Curiae, represented by Bruce David Brown

Roy Sargeant, Amicus Curiae, represented by Andrew Timothy Tutt

The DKT Liberty Project, et al., Amicus Curiae, represented by Theane Evangelis Kapur

United States, Amicus Curiae, represented by Elizabeth B. Prelogar

 
Last updated: July 3, 2022