FBI v. Fikre
In brief
The government did not prove that Fikre could not be placed on the No Fly List again for the same conduct, so his case is not moot.
- Where it stands
- Decided
Decided 9-0 · March 19, 2024 · Opinion by Justice Gorsuch
- What it’s about
- The Supreme Court considered whether a lawsuit challenging an individual's placement on the No Fly List became moot after the government removed him from the list and promised not to put him back on based on currently available information.
- Who it affects
- The decision means the government cannot end this type of lawsuit simply by stopping the challenged action without showing it will not resume the same conduct.
Summary: written with AI from the case record.
What it's about
In a unanimous decision, the Court held that the case could proceed because the government failed to prove it would not relist him for the same conduct in the future.
The case addresses when the government’s voluntary change in policy or conduct ends a live dispute in federal court.
Question presented
Are respondent’s claims challenging his placement on the No Fly List moot, given that 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”?
What the Court decided
The vote
- Joined the judgment
- Concurred in a separate opinion
- Wrote an opinion
- Majority · 8joined the Court's opinion
- Concurring · 1agreed with the result, wrote separately
- Alitowrote separately
From the opinions
“A court with jurisdiction has a “virtually unflagging obligation” to hear and resolve questions properly before it.”
What's next
Lower courts may continue considering Fikre’s challenge. Government agencies seeking to end similar cases must show their challenged conduct will not reasonably recur.
Why it matters
It affects people removed from government watchlists who still seek a court decision about their earlier treatment.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
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Status changed from argued to decided
Opinion added: opinion
Brief added: Petition
Brief added: Questions Presented
More questions
- What did the Supreme Court rule in FBI v. Fikre?
- The Court ruled that Fikre’s case can continue. The government did not prove it would not relist him for the same conduct.
- Who is affected by the FBI v. Fikre decision?
- People removed from government watchlists may benefit when they still challenge their earlier placement. Agencies cannot rely only on a limited promise not to repeat it.
- What happens next in FBI v. Fikre?
- The lower courts can continue resolving Fikre’s challenge. The Supreme Court affirmed the Ninth Circuit’s decision that the case remains live.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.