No. 22-190

Wikimedia Foundation v. National Security Agency/Central Security Service, et al.

Lower Court: Fourth Circuit
Docketed: 2022-08-30
Status: Denied
Type: Paid
Amici (3)
Tags: civil-rights dismissal due-process evidence-review ex-parte-review general-dynamics judicial-dismissal legal-procedure national-security reynolds state-secrets state-secrets-privilege
Key Terms:
FourthAmendment Securities Privacy JusticiabilityDoctri
Latest Conference: 2023-02-17
Question Presented (AI Summary)

Does the state secrets privilege authorize courts to dismiss actions where plaintiffs can prove their case without privileged evidence?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Does the state secrets privilege described by this Court in United States v. Reynolds and General Dynamics Corp. v. United States authorize courts to dismiss actions in their entirety where plaintiffs can prove their case without reliance on privileged evidence? 2. If the state secrets privilege does in fact authorize courts to dismiss actions in their entirety where plaintiffs can prove their case without privileged evidence, may a court do so without first determining ex parte and in camera whether the privileged evidence establishes a valid defense? i

Docket Entries

2023-02-21
Petition DENIED.
2023-01-25
DISTRIBUTED for Conference of 2/17/2023.
2023-01-24
2023-01-06
Brief of respondents National Security Agency, et al. in opposition filed.
2022-11-28
Motion to extend the time to file a response is granted and the time is further extended to and including January 6, 2023.
2022-11-25
Motion to extend the time to file a response from November 30, 2022 to January 6, 2023, submitted to The Clerk.
2022-10-14
Motion to extend the time to file a response is granted and the time is further extended to and including November 30, 2022.
2022-10-13
Motion to extend the time to file a response from October 31, 2022 to November 30, 2022, submitted to The Clerk.
2022-09-29
2022-09-29
2022-09-29
2022-09-13
Motion to extend the time to file a response is granted and the time is extended to and including October 31, 2022.
2022-09-12
Motion to extend the time to file a response from September 29, 2022 to October 31, 2022, submitted to The Clerk.
2022-08-26
Petition for a writ of certiorari filed. (Response due September 29, 2022)
2022-06-06
Application (21A788) granted by The Chief Justice extending the time to file until August 26, 2022.
2022-06-01
Application (21A788) to extend the time to file a petition for a writ of certiorari from June 27, 2022 to August 26, 2022, submitted to The Chief Justice.

Attorneys

Former Federal Judges
Meaghan Elizabeth McLaine VerGowO'Melveny & Myers LLP, Amicus
National Security Agency, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Professor Laura K. Donohue
Brian Michael WillenWilson Sonsini Goodrich & Rosati, P.C., Amicus
The Brennan Center for Justice, Clause 40 Foundation, Due Process Institute, Electronic Frontier Foundation, Electronic Privacy Information Center, FreedomWorks Foundation, the Project for Privacy and Surveillance Accountability, and TechFreedom
David Morris GossettDavis Wright Tremaine LLP, Amicus
Wikimedia Foundation
Patrick Christopher ToomeyAmerican Civil Liberties Union Foundation, Petitioner