Decided
National Aeronautics and Space Administration v. Nelson
Docket No.09-530
Holding
The Court upheld NASA's background checks for employees of companies working under contract. (Kagan, J., recused).
Plain English Holding
NASA's background checks for employees of companies working under contracts with the agency do not violate any constitutional right to informational privacy that the employees may have.
Judgment
Reversed, 8-0, in an opinion by Samuel Alito on Jan 19, 2011. (Kagan, J., recused).
Merits Briefs
- Brief for Petitioner National Aeronautics and Space Administration
- Brief for Respondents Robert M. Nelson, et al.
- Reply Brief for Petitioner National Aeronautics and Space Administration, et al.
Amicus Briefs
- Brief for Consumer Data Industry Association, The National Association of Professional Background Screeners, Reed Elsevier Inc., and The National Association of Screening Agencies in Suppport of Petitioner
- Brief for the American Civil Liberties Union in Support of Respondent
- Brief for Union of Concerned Scientists in Support of Respondent
- Brief for Drug Policy Alliance in Support of Respondent
- Brief for the American Astronomical Society in Support of Respondent
- Brief for California Employment Lawyers Association in Support of Respondent
- Brief for the Electronic Frontier Foundation in Support of Respondent
- Brief for the Electronic Privacy Information Center in Support of Respondent
Certiorari-Stage Documents
- Opinion Below (9th Circuit, denial of rehearing en banc)
- Petition for Certiorari (unavailable)
- Brief in Opposition (unavailable)
- Petitioner’s Reply (unavailable)
Related Coverage
Aug 21, 2009Application (09A198) to extend the time to file a petition for a writ of certiorari from September 2, 2009 to October 2, 2009, submitted to Justice Kennedy.
Aug 25, 2009Application (09A198) granted by Justice Kennedy extending the time to file until October 2, 2009.
Sep 22, 2009Application (09A198) to extend further the time to file a petition for a writ of certiorari from October 2, 2009 to November 1, 2009, submitted to Justice Kennedy.
Sep 23, 2009Application (09A198) granted by Justice Kennedy extending the time to file until November 1, 2009.
Nov 2, 2009Petition for a writ of certiorari filed. (Response due December 2, 2009)
Nov 2, 2009Appendix of National Aeronautics and Space Administration, et al. filed.
Nov 23, 2009Order extending time to file response to petition to and including January 4, 2010.
Dec 23, 2009Order further extending time to file response to petition to and including February 3, 2010.
Feb 3, 2010Brief of respondents Robert M. Nelson, et al. in opposition filed.
Feb 17, 2010DISTRIBUTED for Conference of March 5, 2010.
Feb 19, 2010Reply of petitioners National Aeronautics and Space Administration, et al. filed. (Distributed)
Mar 8, 2010Petition GRANTED.
Apr 8, 2010The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including May 13, 2010.
Apr 8, 2010The time within which to file respondents' brief on the merits is extended to and including July 6, 2010.
May 5, 2010Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
May 11, 2010Further extension of time within which to file the joint appendix and petitioners' brief on the merits to and including May 20, 2010.
May 11, 2010Further extension of time within which to file respondents' brief on the merits to and including July 19, 2010.
May 20, 2010Brief of petitioners National Aeronautics and Space Administration, et al. filed.
May 20, 2010Joint appendix filed. (Statement of costs filed)
May 27, 2010Brief amici curiae of Consumer Data Industry Association, et al. filed.
Jul 6, 2010Further extension of time within which to file respondents' brief on the merits to and including August 2, 2010.
Jul 20, 2010CIRCULATED.
Jul 20, 2010SET FOR ARGUMENT ON Tuesday, October 5, 2010.
Jul 27, 2010Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Jul 27, 2010Record received from U.S.D.C. for the Central District of CA. (1 box)
Aug 2, 2010Brief of respondents Robert M. Nelson, et al. filed. (Distributed)
Aug 5, 2010Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)
Aug 9, 2010Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
Aug 9, 2010Brief amicus curiae of Electronic Frontier Foundation filed. (Distributed)
Aug 9, 2010Brief amicus curiae of Drug Policy Alliance filed. (Distributed)
Aug 9, 2010Brief amicus curiae of American Astronomical Society filed. (Distributed).
Aug 9, 2010Brief amicus curiae of Union of Concerned Scientists filed. (Distributed).
Aug 9, 2010Brief amicus curiae of California Employment Lawyers Association filed. (Distributed)
Sep 1, 2010Reply of petitioners National Aeronautics and Space Administration, et al. filed. (Distributed)
Sep 7, 2010Justice Kagan is recused in this case.
Oct 5, 2010Argued. For petitioners: Neal K. Katyal, Acting Solicitor General, Department of Justice, Washington, D.C. For respondents: Dan Stormer, Pasadena, Cal.
Jan 19, 2011Judgment REVERSED and case REMANDED Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined. Thomas, J., filed an opinion concurring in the judgment. Kagan, J., took no part in the consideration or decision of the case.
Feb 22, 2011JUDGMENT ISSUED.
Apr 26, 2011Record returned to U.S.D.C. for Central District of California.
Recommended Citation: National Aeronautics and Space Administration v. Nelson, SCOTUSblog, https://www.scotusblog.com/cases/national-aeronautics-and-space-administration-v-nelson/