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Transcript Available Of Today's SCOTUS Arguments In Iqbal Case

By Howard M. Friedman

The U.S. Supreme Court today heard oral arguments in Ashcroft v. Iqbal (Docket No. 07-1015), an appeal growing out of claims that the U.S. government engaged in religious, racial and national origin discrimination in its arrest and subsequent treatment of more than 700 Muslim or Arab men treated as persons of "high interest" after the 9/11 attacks. This case was brought by Pakistani Muslim, Javaid Iqbal, who was placed in solitary confinement for over six months. He was ultimately deported. Among the defendants named in Iqbal's lawsuit are former Attorney General John Ashcroft, and FBI Director Robert Mueller. The government claimed that they should be dismissed on the basis of qualified immunity. However the Second Circuit disagreed. (Full text of 2nd Circuit decision.)

Here is the government's description of the issues in its petition for certiorari:

The court of appeals held that cabinet-level officers and other high-ranking officials-in this case, a former Attorney General and the incumbent Director of the FBI-may be subjected to discovery and the demands of litigation (at least through the summary judgment stage) in this Bivens action based on bare and conclusory allegations that they knew about and condoned the allegedly discriminatory actions of much-lower-level officials in the Department of Justice in responding to an unprecedented national-security crisis. In addition, the Second Circuit's decision effectively holds that high- ranking officials-including Cabinet officers-may be held potentially liable in Bivens suits on a constructive notice theory that is tantamount to imposing respondeat superior liability.

Today the Los Angeles Times and the AP report on the arguments presented. The full transcript of the arguments is now available, as are all the briefs of the parties and amici.

Full post as published by Religion Clause on December 10, 2008 (boomark / email).