No. 16-498
Title:David Patchak, Petitioner
v.
Ryan Zinke, Secretary of the Interior, et al.
Docketed:October 13, 2016
Lower Ct:United States Court of Appeals for the District of Columbia Circuit
   Case Numbers:(15-5200)
   Decision Date:July 15, 2016
   Rehearing Denied:
  Discretionary Court Decision Date:
Analyst:
Questions Presented

DateProceedings and Orders
Oct 11 2016Petition for a writ of certiorari filed. (Response due November 14, 2016)
Nov 11 2016Brief of respondent Match-E-Be-Nash-She-Wish band of Pottawatomi Indians in opposition filed.
Nov 14 2016Waiver of right of respondent Sally Jewel, Secretary of the Interior, et al. to respond filed.
Nov 14 2016Motion for leave to file amici brief filed by Federal Courts Scholars.
Nov 28 2016Opposition of intervenor-respondent Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, to motion for leave to file amicus curiae brief of Federal Courts Scholars filed.
Nov 30 2016DISTRIBUTED for Conference of January 6, 2017.
Dec 15 2016Response Requested. (Due January 17, 2017)
Jan 12 2017Order extending time to file response to petition to and including February 16, 2017.
Feb 15 2017Order further extending time to file response to petition to and including March 20, 2017.
Mar 20 2017Brief of Federal Respondents in opposition filed.
Apr 03 2017Reply of petitioner David Patchak filed.
Apr 05 2017DISTRIBUTED for Conference of April 21, 2017.
Apr 24 2017DISTRIBUTED for Conference of April 28, 2017.
May 01 2017Motion for leave to file amici brief filed by Federal Courts Scholars GRANTED.
May 01 2017Petition GRANTED limited to Question 1 presented by the petition.
May 16 2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 13, 2017.
May 16 2017The time to file respondents' briefs on the merits is extended to and including September 11, 2017.
Jul 12 2017Joint appendix filed. (Statement of costs filed)
Jul 12 2017Brief of petitioner David Patchak filed.
Jul 19 2017Brief amici curiae of Federal Courts Scholars filed.
Aug 31 2017SET FOR ARGUMENT on Tuesday, November 7, 2017
Sep 07 2017CIRCULATED
Sep 11 2017Brief of respondent Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians filed. (Distributed)
Sep 11 2017Brief of Federal Respondents filed. (Distributed)
Sep 12 2017Record requested from the U.S.C.A. District of Columbia Circuit.
Sep 15 2017Blanket Consent filed by Respondent, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians on 09/15/2017
Sep 18 2017Brief amici curiae of Wayland Township, et al. filed. (Distributed)
Sep 18 2017Brief amicus curiae of U.S. House of Representatives filed. (Distributed)
Sep 18 2017Brief amicus curiae of National Congress of American Indians filed. (Distributed)
Sep 18 2017Brief amici curiae of Federal Courts and Federal Indian Law Scholars filed. (Distributed)
Sep 18 2017Brief amicus curiae of Professor Edward A. Hartnett filed. (Distributed)
Sep 18 2017Motion for divided argument filed by respondent.
Oct 10 2017Motion for divided argument filed by respondent GRANTED.
Oct 11 2017Reply of petitioner David Patchak filed. (Distributed)
Nov 07 2017Argued. For petitioner: Scott E. Gant, Washington, D. C. For federal respondents: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians respondent: Pratik A. Shah, Washington, D. C.
Feb 27 2018Adjudged to be AFFIRMED. Thomas, J., announced the judgment of the Court and delivered an opinion, in which Breyer, Alito, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor, J., joined. Sotomayor, J., filed an opinion concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Kennedy and Gorsuch, JJ., joined.
Apr 02 2018JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioner
Scott E. Gant
    Counsel of Record
Boies Schiller & Flexner LLP
1401 New York Ave., NW
Washington, DC 20005

202-237-2727
Party name: David Patchak
Attorneys for Respondents
Noel J. Francisco
    Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: Federal Respondents
Pratik Arvind Shah
    Counsel of Record
Akin Gump Strauss Hauer & Feld, LLP
1333 New Hampshire Ave., NW
Washington, DC 02109

pshah@akingump.com
202-887-4000
Party name: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians
Conly John SchulteFredericks Peebles & Morgan LLP
1900 Plaza Drive
Louisville, CO 80027

cschulte@ndnlaw.com
(303)-673-9600
Party name: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians
Other
Ruthanne Mary Deutsch
    Counsel of Record
Deutsch Hunt, PLLC
300 New Jersey Ave., NW, Suite 900
Washington, DC 20001

rdeutsch@deutschhunt.com
(202-868-6915
Party name: Federal Courts and Federal Indian Law Scholars
Thomas G. Hungar
    Counsel of Record
U.S. House of Representatives
Office of the General Counsel, 219 Cannon Building
Washington, DC 20515

thomas.hungar@mail.house.gov
(202) 225-9700
Party name: U.S. House of Representatives
Robert Allen Long Jr.
    Counsel of Record
Covington & Burling, LLP
One CityCenter
850 Tenth St., NW
Washington, DC 20001

rlong@cov.com
(202) 662-6000
Party name: Wayland Township, et al.
Ethan G. Shenkman
    Counsel of Record
Arnold & Porter Kaye Scholer, LLP
601 Massachusetts Ave., NW
Washington, DC 20001

ethan.shenkman@apks.com
202-942-5000
Party name: National Congress of American Indians
Erik R Zimmerman
    Counsel of Record
Robinson, Bradshaw & Hinson, P.A.
1450 Raleigh Road, Suite 100
Chapel Hill, NC 27517

ezimmerman@rbh.com
0919-328-8826
Party name: Professor Edward A. Hartnett
Stephen I. Vladeck727 East Dean Keeton Street
Austin, TX 78705

svladeck@law.utexas.edu
(512) 475-9198
Party name: Federal Courts Scholars