Decided
Federal Aviation Administration v. Cooper
Holding
The authorization of suits against the government for "actual damages" in the Privacy Act of 1974 is not sufficiently clear to constitute a waiver of sovereign immunity from suits for mental and emotional distress.
Judgment
Reversed and remanded, 5-3, in an opinion by Samuel Alito on Mar 28, 2012. Justice Sotomayor filed a dissenting opinion, joined by Justices Ginsburg and Breyer. Justice Kagan took no part in the consideration or decision of this case.
Merits Briefs for the Petitioner
Merits Briefs for the Respondent
Amicus Briefs for the Respondent
[##CERT-STAGE##]
Dec 3, 2010Application (10A569) to extend the time to file a petition for a writ of certiorari from December 15, 2010 to January 14, 2011, submitted to Justice Kennedy.
Dec 6, 2010Application (10A569) granted by Justice Kennedy extending the time to file until January 14, 2011.
Jan 4, 2011Application (10A569) to extend further the time from January 14, 2011 to February 13, 2011, submitted to Justice Kennedy.
Jan 12, 2011Application (10A569) granted by Justice Kennedy extending the time to file until February 13, 2011.
Feb 14, 2011Petition for a writ of certiorari filed. (Response due March 16, 2011)
Feb 14, 2011Appendix of Federal Aviation Administration, et al. filed.
Mar 8, 2011Order extending time to file response to petition to and including April 15, 2011.
Apr 7, 2011Order further extending time to file response to petition to and including May 16, 2011.
May 16, 2011Brief of respondent Stanmore Cawthon Cooper in opposition filed.
May 31, 2011DISTRIBUTED for Conference of June 16, 2011.
May 31, 2011Reply of petitioners Federal Aviation Administration, et al. filed. (Distributed)
Jun 20, 2011Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Jul 21, 2011The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 19, 2011.
Jul 21, 2011The time to file respondent's brief on the merits is extended to and including September 27, 2011.
Aug 3, 2011Motion to dispense with printing the joint appendix filed by the Solicitor General.
Aug 19, 2011Brief of petitioners Federal Aviation Administration, et al. filed.
Sep 12, 2011SET FOR ARGUMENT ON Wednesday November 30, 2011.
Sep 19, 2011CIRCULATED
Sep 21, 2011Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Sep 27, 2011Motion to dispense with printing the joint appendix filed by the Solicitor General GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Sep 27, 2011Brief of respondent Stanmore Cawthon Cooper filed. (Distributed)
Sep 30, 2011Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from the Solicitor General.
Oct 4, 2011Brief amicus curiae of National Whistleblower Center filed. (Distributed)
Oct 4, 2011Brief amicus curiae of Electronic Privacy Information Center filed. (Distributed)
Oct 4, 2011Brief amici curiae of AIDS Foundation of Chicago, et al. filed. (Distributed)
Oct 27, 2011Reply of petitioners Federal Aviation Administration, et al. filed. (Distributed)
Nov 30, 2011Argued. For petitioners: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Raymond A. Cardozo, San Francisco, Cal.
Mar 28, 2012Judgment REVERSED and case REMANDED Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Sotomayor, J., filed a dissenting opinion, in which Ginsburg and Breyer, JJ., joined. Justice Kagan took no part in the consideration or decision of this petition.
Apr 30, 2012JUDGMENT ISSUED.
Recommended Citation: Federal Aviation Administration v. Cooper, SCOTUSblog, https://www.scotusblog.com/cases/federal-aviation-administration-v-cooper/