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Docket for 07-526
No. 07-526
Title:
Donald L. Carcieri, Governor of Rhode Island, et al., Petitioners
v.
Ken L. Salazar, Secretary of the Interior, et al.
Docketed:October 23, 2007
Lower Ct:United States Court of Appeals for the First Circuit
  Case Nos.:(03-2647)
  Decision Date:July 20, 2007
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 18 2007 Petition for a writ of certiorari filed. (Response due November 23, 2007)
Nov 16 2007 Order extending time to file response to petition to and including December 26, 2007.
Nov 21 2007 Brief amici curiae of Alabama, et al. filed.
Dec 20 2007 Order further extending time to file response to petition to and including January 25, 2008.
Jan 25 2008 Brief of respondents Dirk Kempthorne, Secretary of the Interior, et al. in opposition filed.
Jan 25 2008 Motion for leave to file amici brief out of time filed by Citizens Equal Rights Foundation, et al.
Feb 5 2008 Reply of petitioners Donald L. Carcieri, Governor of Rhode Island, et al. filed. (Distributed)
Feb 6 2008 DISTRIBUTED for Conference of February 22, 2008.
Feb 25 2008 Motion for leave to file amici brief out of time filed by Citizens Equal Rights Foundation, et al. DENIED.
Feb 25 2008 Petition GRANTED limited to Questions 1 and 2 presented by the petition.
Mar 24 2008 The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including May 12, 2008.
Apr 21 2008 The time within which to file the joint appendix and petitioners' briefs on the merits is further extended to and including May 23, 2008.
Apr 21 2008 The time within which to file respondents' brief on the merits is extended to and including July 14, 2008.
May 9 2008 The time within which to file the joint appendix and petitioners' briefs on the merits is further extended to and including June 6, 2008.
May 9 2008 The time within which to file respondents' brief on the merits is further extended to and including August 11, 2008.
Jun 6 2008 Joint appendix filed. Statement of costs received.
Jun 6 2008 Brief of petitioner Donald L. Carcieri, Governor of Rhode Island filed.
Jun 6 2008 Brief of petitioner Town of Charlestown, Rhode Island filed.
Jun 6 2008 Brief of petitioner State of Rhode Island filed.
Jun 13 2008 Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for petitioner Rhode Island.
Jun 13 2008 Brief amici curiae of Council of State Governments, et al. filed.
Jun 13 2008 Brief amici curiae of Alabama, et al. filed.
Jun 19 2008 Motion for leave to file amici brief out of time filed by Citizens Equal Rights Foundation, et al.
Jul 11 2008 Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for petitioner Donald L. Carcieri, Governor of Rhode Island
Jul 31 2008 CIRCULATED
Aug 5 2008 The time within which to file respondents' brief on the merits is further extended to and including August 18, 2008.
Aug 18 2008 SET FOR ARGUMENT ON Monday, November 3, 2008.
Aug 18 2008 Motion for leave to file amici brief out of time filed by Citizens Equal Rights Foundation, et al. GRANTED.
Aug 18 2008 Motion for divided argument filed by petitioners Donald L. Carcieri, Governor of Rhode Island and petitioner the State of Rhode Island.
Aug 18 2008 Brief of respondents Dirk Kempthorne, Secretary of the Interior, et al. filed. (Distributed)
Aug 21 2008 Proposal of counsel for respondents' to lodge copies of 4 documents cited in the respondents' brief filed.
Aug 25 2008 Motion for divided argument filed by petitioner Town of Charlestown.
Aug 25 2008 Brief amicus curiae of National Congress of American Indians filed. (Distributed)
Aug 25 2008 Brief amicus curiae of Narragansett Indian Tribe filed. (Distributed)
Aug 25 2008 Brief amicus curiae of Law Professors Specializing in Federal Indian Law filed. (Distributed)
Aug 25 2008 Brief amici curiae of Historians Frederick E. Hoxie, Paul C. Rosier, and Christian W. McMillen filed. (Distributed)
Aug 25 2008 Brief amici curiae of Standing Rock Sioux Tribe, and Nottawaseppi Huron Band of the Potowatomi filed. (Distributed)
Aug 26 2008 Motion of Narragansett Indian Tribe for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 26 2008 Lodging proposal of respondents to lodge four documents from the Department of Interior approved by the Clerk of Court.
Aug 26 2008 Lodging consisting of four documents received from counsel for the respondents. (Distributed).
Aug 28 2008 Record received from U.S.D.C for the District of Rhode Island. (3 boxes) U.S.C.A. for the 1st Circuit record included
Aug 28 2008 Objection of the Town of Charlestown to motion of Governor and Attorney General for divided argument.
Sep 3 2008 Reply to Town of Charlestown's opposition to motion of petitioners for divided argument filed by petitioner Rhode Island.
Sep 17 2008 Reply of petitioner Donald L. Carcieri, Governor of Rhode Island filed. (Distributed)
Sep 17 2008 Reply of petitioner State of Rhode Island filed. (Distributed)
Sep 17 2008 Reply of petitioner Town of Charlestown, Rhode Island filed. (Distributed).
Oct 6 2008 Motion for divided argument filed by petitioner DENIED.
Oct 6 2008 Motion for divided argument filed by petitioner DENIED.
Oct 6 2008 Motion of Narragansett Indian Tribe for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Oct 27 2008 Response of petitioner Carcieri to the motion of Town of Charlestown for reconsideration of the motion for divided argument.
Oct 27 2008 Motion for reconsideration of the motion for divided argument filed by petitioner Town of Charlestown.
Oct 27 2008 Response of petitioner Rhode Island to the motion of Town of Charlestown for reconsideration of the motion for divided argument.
Oct 29 2008 Motion for reconsideration of the motion for divided argument filed by petitioner State of Rhode Island.
Oct 29 2008 Response in opposition of petitioner Town of Charlestown to motion of State of Rhode Island for reconsideration of motion for divided argument.
Oct 31 2008 Motion for reconsideration of the motion of Rhode Island for divided argument DENIED.
Oct 31 2008 Motion for reconsideration of the motion of Town of Charlestown for divided argument DENIED.
Nov 3 2008 Argued. For petitioners: Theodore B. Olson, Washington, D.C. For respondents: Deanne E. Maynard, Assistant to the Solicitor General, Washington, D.C.
Feb 24 2009 Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kenendy, Breyer, and Alito, JJ., joined. Breyer, J., filed a concurring opinion. Souter, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, J., joined. Stevens, J., filed a dissenting opinion.
Mar 30 2009 JUDGMENT ISSUED.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Theodore B. Olson Gibson, Dunn & Crutcher LLP(202) 955-8500
    Counsel of Record1050 Connecticut Avenue, N.W.
Washington, DC  20036
tolson@gibsondunn.com
Party name: Donald L. Carcieri, Governor of Rhode Island
 
Rebecca Tedford Partington Assistant Attorney General(401) 274-4400
    Counsel of Record Department of Attorney General
150 South Main Street
Providence, RI  02903
rpartington@riag.ri.gov
Party name: State of Rhode Island
 
Neil F.X. Kelly Assistant Attorney General(401) 274-4400
Office of the Attorney General of Rhode Island
150 South Main Street
Providence, RI  02903
nkelly@riag.ri.gov
Party name: State of Rhode Island
 
Joseph S. Larisa Jr. Larissa Law and Consulting, LLC(401) 743-4700
55 Dorrance Street, Suite 301B
Providence, RI  02903
joe.larisa@verizon.net
Party name: Town of Charlestown
 
Claire J. V. Richards Special Counsel(401) 222-8114
State House, Room 119
Providence, RI  02903
claire@bermita.com
Party name: Donald L. Carcieri, Governor of Rhode Island, et al.
Attorneys for Respondents:
Edwin S. Kneedler Deputy Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
Party name: Ken L. Salazar, Secretary of the Interior, et al.
 
Deanne E. Maynard Morrison & Foerster LLP(202) 887-8740
2000 Pennsylvania Avenue, N.W.
Washington, DC  20006
DMaynard@mofo.com
Party name: Ken L. Salazar, Secretary of the Interior, et al.
Other:
John Benjamin Carroll Carroll & Carroll, Lawyer, PC(315) 474-5356
441 South Salina St.
Syracuse, NY  13202
Party name: Citizens Equal Rights Foundation, et al.
 
Robert J. Deichert Assistant Attorney General(860)-808-5020
55 Elm Street
P.O. Box 120
Hartford, CT  06141-0120
Party name: Alabama, et al.
 
Douglas B.L. Endreson Sonosky Chambers Sachse Endreson & Perry LLP(202) 682-0240
1425 K Street, N. W., Suite 600
Washington, DC  20005
Party name: Standing Rock Sioux Tribe, and Nottawaseppi Huron Band of the Potowatomi
 
Ian Heath Gershengorn Jenner & Block LLP(202) 639-6083
1099 New York Avenue, N.W., Suite 900
Washington, DC  20001-4412
igershengorn@jenner.com
Party name: National Congress of American Indians
 
David T. Goldberg Donahue & Goldberg, LLP(212) 334-8813
99 Hudson Street, 8th Floor
New York, NY  10013
david@donahuegoldberg.com
Party name: Historians Frederick E. Hoxie, Paul C. Rosier, and Christian W. McMillen
 
Thomas C. Goldstein Akin Gump Strauss Hauer & Feld, LLP(202) 887-4060
1333 New Hampshire Avenue, N.W.
Washington, DC  20036
tgoldstein@akingump.com
Party name: Narragansett Indian Tribe
 
Bruce N. Goodsell 16 High Street (401) 596-1948
Westerly, RI  02891
Party name: Citizens Equal Rights Foundation, et al.
 
Richard A. Guest Native American Rights Fund(202) 785-4166
1514 P Street, NW (Rear)
Suite D
Washington, DC  20005
richardg@narf.org
Party name: Law Professors Specializing in Federal Indian Law
 
Richard Ruda 108 Newlands St.(202) 365-1363
Chevy Chase, MD  20815
rmruda@hotmail.com
Party name: Council of State Governments, et al.

 

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