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
Questions Presented
 
Proceedings and Orders
Oct 11 2016 Petition for a writ of certiorari filed. (Response due November 14, 2016)
Nov 11 2016 Brief of respondent Match-E-Be-Nash-She-Wish band of Pottawatomi Indians in opposition filed.
Nov 14 2016 Waiver of right of respondent Sally Jewel, Secretary of the Interior, et al. to respond filed.
Nov 14 2016 Motion for leave to file amici brief filed by Federal Courts Scholars.
Nov 28 2016 Opposition 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 2016 DISTRIBUTED for Conference of January 6, 2017.
Dec 15 2016 Response Requested. (Due January 17, 2017)
Jan 12 2017 Order extending time to file response to petition to and including February 16, 2017.
Feb 15 2017 Order further extending time to file response to petition to and including March 20, 2017.
Mar 20 2017 Brief of Federal Respondents in opposition filed.
Apr 03 2017 Reply of petitioner David Patchak filed.
Apr 05 2017 DISTRIBUTED for Conference of April 21, 2017.
Apr 24 2017 DISTRIBUTED for Conference of April 28, 2017.
May 01 2017 Motion for leave to file amici brief filed by Federal Courts Scholars GRANTED.
May 01 2017 Petition GRANTED limited to Question 1 presented by the petition.
May 16 2017 The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 13, 2017.
May 16 2017 The time to file respondents' briefs on the merits is extended to and including September 11, 2017.
Jul 12 2017 Joint appendix filed. (Statement of costs filed)
Jul 12 2017 Brief of petitioner David Patchak filed.
Jul 19 2017 Brief amici curiae of Federal Courts Scholars filed.
Aug 31 2017 SET FOR ARGUMENT on Tuesday, November 7, 2017
Sep 07 2017 CIRCULATED
Sep 11 2017 Brief of respondent Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians filed. (Distributed)
Sep 11 2017 Brief of Federal Respondents filed. (Distributed)
Sep 12 2017 Record requested from the U.S.C.A. District of Columbia Circuit.
Sep 15 2017 Blanket Consent filed by Respondent, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians on 09/15/2017
Sep 18 2017 Brief amici curiae of Wayland Township, et al. filed. (Distributed)
Sep 18 2017 Brief amicus curiae of U.S. House of Representatives filed. (Distributed)
Sep 18 2017 Brief amicus curiae of National Congress of American Indians filed. (Distributed)
Sep 18 2017 Brief amici curiae of Federal Courts and Federal Indian Law Scholars filed. (Distributed)
Sep 18 2017 Brief amicus curiae of Professor Edward A. Hartnett filed. (Distributed)
Sep 18 2017 Motion for divided argument filed by respondent.
Oct 10 2017 Motion for divided argument filed by respondent GRANTED.
Oct 11 2017 Reply of petitioner David Patchak filed. (Distributed)
Nov 07 2017 Argued. 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 2018 Adjudged 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 2018 JUDGMENT ISSUED.
Attorneys
Attorneys for Petitioners
Scott E. Gant
Counsel of Record
Boies Schiller Flexner LLP
1401 New York Ave., NW
Washington, DC 20005

sgant@bsfllp.com
Ph: 202-237-2727
Party name: David Patchak


Attorneys for Respondents
Noel John Francisco
Counsel of Record
Jones Day
51 Louisiana Avenue, NW
Washington, DC 20001

NJFRANCISCO@JONESDAY.COM
Ph: (202) 879-3939
Party name: Federal Respondents


Pratik Arvind Shah
Counsel of Record
Akin Gump Strauss Hauer & Feld, LLP
2001 K Street N.W.
Washington, DC 20006

PSHAH@AKINGUMP.COM
Ph: 202-887-4000
Party name: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians


Conly John Schulte
Fredericks Peebles & Morgan LLP
1900 Plaza Drive
Louisville, CO 80027

cschulte@ndnlaw.com
Ph: (303)-673-9600
Party name: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians


Other Attorneys
Ruthanne Mary Deutsch
Counsel of Record
Deutsch Hunt, PLLC
300 New Jersey Ave., NW, Suite 900
Washington, DC 20001

rdeutsch@deutschhunt.com
Ph: 2028686915
Party name: Federal Courts and Federal Indian Law Scholars


Thomas G. Hungar
Counsel of Record
Gibson, Dunn & Crutcher LLP
1700 M Street, N.W.
Washington, DC 20036

THUNGAR@GIBSONDUNN.COM
Ph: (202) 887-3784
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
Ph: 202-662-5612
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@arnoldporter.com
Ph: 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@ROBINSONBRADSHAW.COM
Ph: 919-328-8826
Party name: Professor Edward A. Hartnett


Stephen I. Vladeck
727 East Dean Keeton Street
Austin, TX 78705

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