The High Court Report8 Jan 2024

Oral Argument: FBI v. Fikre | Case No. 22-1178 | Date Decided: 1/8/24 | Date Decided: 3/19/24

Link to Docket: Here.

Background:

Individuals are sometimes removed from the No Fly List during ongoing litigation about their placement on that list. The Fourth and Sixth Circuits have held that an individual's removal from the No Fly List moots a case when the government represents that the individual will not be placed back on the list based on currently available information. In conflict with those decisions, the Ninth Circuit held in this case that Respondent's claims were not moot even though he was removed from the No Fly List in 2016 and the government provided a sworn declaration stating that he "will not be placed on the No Fly List in the future based on the currently available information."

Question Presented: Whether Respondent's claims challenging his placement on the No Fly List are moot.

Holding: The government failed to meet its burden to demonstrate that Yonas Fikre's removal from the government's No Fly List mooted his 42 U.S.C. § 1983 case because its declaration did not disclose the conduct that landed Fikre on the No Fly List and did not ensure that he would not be placed back on the list for engaging in the same or similar conduct in the future.

Result: Affirmed.

Voting Breakdown: 9-0. Justice Gorsuch delivered the opinion for a unanimous Court. Justice Alito filed a concurring opinion, in which Justice Kavanaugh joined.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
For Respondent: Gadeir Abbas, Washington, D.C.

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