Decided
Holder v. Humanitarian Law Project
Holding
The federal government may prohibit providing non-violent material support for terrorist organizations including legal services and advice without violating the free speech clause of the First Amendment.
Judgment
Affirmed in part, reversed in part, and remanded, 6-3, in an opinion by John Roberts on Jun 21, 2010. Justice Breyer dissented, joined by Justices Ginsburg and Sotomayor.
Merits Briefs
- Opening brief for the Humanitarian Law Project
- Brief for Eric H. Holder, Attorney General
- Reply Brief for Humanitarian Law Project, et al.
- Reply Brief for Eric H. Holder, Attorney General
Amicus Briefs
- Brief of the Carter Center, Christian Peacemakers, Human Rights Watch, et al. in Support of Humanitarian Law Project, et al.
- Brief of the Constitution Project and the Rutherford Institute in Support of Humanitarian Law Project, et al.
- Brief of Academic Researchers and the Citizen Media Law Project in support of Humanitarian Law Project, et al.
- Brief of Victims of the McCarthy Era in Support of Humanitarian Law Project, et al.
- Brief of the Anti-Defamation League in Support of the Attorney General (in 08-1498 only)
- Brief for Scholars, Attorneys, and Former Public Officials With Experience in Support of the Attorney General
- Brief for the Center for Constitutional Jurisprudence and the Center for Law and Counterterrorism in Support of the Attorney General
- Brief for the Center on the Administration of Criminal Law in Support of the Attorney General
- Brief for John Altenburg, Maj. Gen., US Army (Ret.); James Carey, Rear Adm., USN (Ret.); Steven Kantrowitz, Rear Adm., USN (Ret.); Thomas Hemingway, Brig. Gen., USAF (Ret.); Washington Legal Foundation; Jewish Institute for National Security Affairs; National Defense Committee; and Allied Educational Foundation in Support of the Attorney General
[##CERT-STAGE##]
Mar 24, 2009Application (08A846) to extend the time to file a petition for a writ of certiorari from April 5, 2009 to May 5, 2009, submitted to Justice Kennedy.
Mar 24, 2009Application (08A846) granted by Justice Kennedy extending the time to file until May 5, 2009.
Apr 22, 2009Application (08A846) to extend further the time from May 5, 2009 to June 4, 2009, submitted to Justice Kennedy.
Apr 22, 2009Application (08A846) granted by Justice Kennedy extending the time to file until June 4, 2009.
Jun 4, 2009Petition for a writ of certiorari filed. (Response due July 6, 2009)
Jul 6, 2009Brief amicus curiae of James J. Carey, et al. filed.
Jul 6, 2009Brief of respondents Humanitarian Law Project, et al. in opposition filed.
Aug 24, 2009Reply of petitioners Eric H. Holder, Jr., Attorney General, et al. filed.
Sep 9, 2009DISTRIBUTED for Conference of September 29, 2009.
Sep 30, 2009Petition GRANTED The petition for a writ of certiorari in No. 09-89 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Oct 23, 2009Motion to amend the briefing schedule filed by the parties. VIDED.
Nov 2, 2009Motion to amend the briefing schedule GRANTED Petitioners in No. 09-89 will file an opening brief, not to exceed 18,000 words, on or before November 16, 2009. Petitioners in No. 08-1498 will file a response brief, not to exceed 18,000 words, on or before December 22, 2009. Petitioners in No. 09-89 will file a reply brief, not to exceed 12,000 words, on or before January 21, 2010. Petitioners in No. 08-1498 will file a reply brief, not to exceed 12,000 words, on or before February 12, 2010.
Nov 2, 2009Amicus curiae briefs in support of petitioners in No. 09-89 or in support of neither party are to be filed on or before November 23, 2009. Amicus curiae briefs in support of petitioners in No. 08-1498 are to be filed on or before December 29, 2009. VIDED.
Nov 16, 2009Joint appendix filed. VIDED. (Statement of costs received)
Nov 16, 2009Brief of Humanitarian Law Project, et al. filed. VIDED.
Nov 18, 2009Consent to the filing of amicus briefs, in support of either partyor of neither party, received from counsel for Humanitarian Law Project, et al. VIDED.
Nov 19, 2009Consent to the filing of amiucs briefs, in support of either party or of neither party, received from counsel for Holder, et al. VIDED.
Nov 23, 2009Brief amicus curiae of Anti-Defamation League in support of Eric H. Holder, Jr., Attorney General, et al. filed.
Nov 23, 2009Brief amici curiae of Academic Researchers, et al. in support of Humanitarian Law Project, et al. filed. VIDED.
Nov 23, 2009Brief amici curiae of Constitution Project and the Rutherford Institute in support of Humanitarian Law Project, et al. filed. VIDED.
Nov 23, 2009Brief amici curiae of Victims of the McCarthy Era in support of Humanitarian Law Project, et al. filed. VIDED.
Nov 23, 2009Brief amici curiae of Carter Center, et al. in support of Humanitarian Law Project, et al. filed. VIDED.
Nov 30, 2009SET FOR ARGUMENT ON Tuesday, February 23, 2010.
Dec 7, 2009CIRCULATED.
Dec 22, 2009Brief of Eric H. Holder, Jr., Attorney General, et al. filed. VIDED. (Distributed).
Dec 23, 2009Brief amici curiae of Scholars, Attorneys, and Former Public Officials with Experience in Terrorism-Related Issues in support of Eric H. Holder, Jr., Attorney General, et al. filed. (Distributed) VIDED.
Dec 28, 2009Brief amicus curiae of Center on the Administration of Criminal Law in support of Eric H. Holder, Jr., Attorney General, et al., filed. VIDED. (Distributed)
Dec 29, 2009Brief amici curiae of John D. Altenburg, Maj. Gen., U.S. Army (Ret.), et al. in support of petitioners Eric H. Holder, Jr., Attorney General, et al., filed. VIDED. (Distributed)
Dec 29, 2009Brief amici curiae of Center for Constitutional Jurisprudence, et al. in support of Eric Holder, Jr., Attorney General, et al. filed. VIDED.
Dec 31, 2009Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Jan 5, 2010Record received from U.S.D.C. for Central District of California. (1 box)
Jan 21, 2010Reply of respondents Humanitarian Law Project, et al. filed. VIDED. (Distributed)
Feb 12, 2010Application (09A738) to extend the time to file a reply brief from February 12, 2010 to February 16, 2010, submitted to Justice Kennedy.
Feb 12, 2010Application (09A738) granted by Justice Kennedy extending the time to file until February 16, 2010.
Feb 16, 2010Reply of petitioners Eric H. Holder, Jr., Attorney General, et al. filed. VIDED. (Distributed)
Feb 23, 2010Argued. For Humanitarian Law Project, et al.: David D. Cole, Washington, D. C. For Eric H. Holder, Jr., Attorney General, et al.: Elena Kagan, Solicitor General, Department of Justice, Washington, D. C.
Jun 21, 2010Adjudged to be AFFIRMED IN PART, REVERSED IN PART, and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Thomas, and Alito, JJ., joined. Breyer, J., filed a dissenting opinion, in which Ginsburg and Sotomayor, JJ., joined. VIDED.
Jul 23, 2010JUDGMENT ISSUED.
Aug 17, 2010Record returned to U.S.D.C. for Central District of California.
Recommended Citation: Holder v. Humanitarian Law Project, SCOTUSblog, https://www.scotusblog.com/cases/holder-v-humanitarian-law-project/