| No. 21-376 Vide 21-377, 21-378, 21-380 |
|
| Title: |
Deb Haaland, Secretary of the Interior, et al., Petitioners v. Chad Everet Brackeen, et al. |
| Docketed: | September 8, 2021 |
| Linked with: | 21A555, 22A171 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (18-11479) |
| Decision Date: | April 6, 2021 |
| Questions Presented | |
| Sep 03 2021 | Petition for a writ of certiorari filed. (Response due October 8, 2021) Petition Appendix Proof of Service |
| Sep 24 2021 | Motion of Chad E. Brackeen, et al. to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk. Main Document |
| Sep 24 2021 | Motion of Texas to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk. Main Document |
| Sep 27 2021 | The motions to extend the time to file responses are granted and the time is extended to and including November 8, 2021, for all respondents. |
| Oct 06 2021 | Waiver of right of respondent Navajo Nation to respond filed. Main Document |
| Oct 08 2021 | Brief amici curiae of Goldwater Institute, et al. filed. Main Document Proof of Service Certificate of Word Count |
| Oct 08 2021 | Brief amici curiae of California, et al. filed. Main Document Certificate of Word Count Proof of Service |
| Oct 08 2021 | Brief amici curiae of Casey Family Programs, et al. filed. Main Document Proof of Service Certificate of Word Count |
| Oct 08 2021 | Brief amici curiae of 180 Indian Tribes and 35 Tribal Organizations filed. Main Document Proof of Service Certificate of Word Count Other |
| Oct 25 2021 | Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk. Main Document |
| Oct 29 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021, for all respondents. |
| Dec 08 2021 | Brief of respondents Chad Everet Brackeen, et al. filed. VIDED. Main Document Other Proof of Service |
| Dec 08 2021 | Brief of respondents Texas in opposition filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022. |
| Dec 22 2021 | Reply of petitioners Deb Haaland, Secretary of the Interior, et al. filed. (Distributed) Main Document Certificate of Word Count |
| Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022. |
| Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022. |
| Feb 11 2022 | DISTRIBUTED for Conference of 2/18/2022. |
| Feb 22 2022 | DISTRIBUTED for Conference of 2/25/2022. |
| Feb 28 2022 | Petition GRANTED. The petitions for writs of certiorari in Nos. 21-377, 21-378, and 21-380 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Parties that were plaintiffs/appellees in the lower courts shall file opening and reply briefs in conformity with Rules 33.1(g)(v) and 33.1(g)(vii), under the schedule set forth in Rules 25.1 and 25.3. Parties that were defendants/appellants in the lower courts shall file briefs in conformity with Rule 33.1(g)(vi), under the schedule set forth in Rule 25.2. |
| Feb 28 2022 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-376. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-376. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Mar 18 2022 | Blanket Consent filed by Chad Everet Brackeen, et al. VIDED. Blanket Consent |
| Mar 18 2022 | Blanket Consent filed by Texas. VIDED. Blanket Consent |
| Mar 18 2022 | Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED. Main Document |
| Mar 29 2022 | Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and the opening briefs on the merits is extended to and including May 26, 2022. The time to file the response briefs on the merits is extended to and including August 5, 2022. VIDED. |
| Mar 29 2022 | Application (21A555) to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Alito. Proof of Service Main Document |
| Mar 31 2022 | Application (21A555) granted by Justice Alito to file consolidated briefs on the merits in excess of the word limits, provided that plaintiffs/appellees file two consolidated opening briefs on the merits of no more than 20,000 words each and two consolidated reply briefs on the merits of no more than 8,000 words each, and that defendants/appellants file three consolidated response briefs on the merits of no more than 22,500 words each. |
| May 26 2022 | Brief of plaintiff/appellee The State of Texas filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| May 26 2022 | Brief of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| May 26 2022 | Joint appendix filed (statement of costs filed). VIDED. Main Document Proof of Service |
| Jun 01 2022 | Brief amici curiae of Goldwater Institute, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jun 01 2022 | Brief amicus curiae of Foster Parents and Pacific Legal Foundation in support of Chad Everet Brackeen, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jun 01 2022 | Brief amicus curiae of Project on Fair Representation filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jun 01 2022 | Brief amici curiae of States of Ohio and Oklahoma filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jun 02 2022 | Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed. VIDED Main Document Certificate of Word Count Proof of Service |
| Jun 02 2022 | Brief amici curiae of Academy of Adoption and Assisted Reproduction Attorneys, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Jun 02 2022 | Brief amicus curiae of New Civil Liberties Alliance in support of Texas filed. VIDED Main Document Certificate of Word Count Proof of Service |
| Jun 02 2022 | Brief amicus curiae of Citizens for Equal Rights Foundation in support of neither party filed. VIDED Main Document Proof of Service Certificate of Word Count |
| Jul 21 2022 | Blanket Consent filed by Respondent, Cherokee Nation, et al. Blanket Consent |
| Jul 21 2022 | Blanket Consent filed by Respondent, Navajo Nation Blanket Consent |
| Aug 01 2022 | Motion for a further extension of time within which to file the response briefs on the merits filed. VIDED. Main Document |
| Aug 03 2022 | ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED. |
| Aug 03 2022 | Motion to further extend the time within which to file the response briefs on the merits granted, and the time is extended to and including August 12, 2022. VIDED. |
| Aug 12 2022 | Brief of defendants-appellants tribal parties filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 12 2022 | Brief of defendants-appellants federal parties filed. VIDED. Main Document Certificate of Word Count |
| Aug 15 2022 | Blanket Consent filed by Petitioner, Deb Haaland, Secretary of the Interior, et al. Blanket Consent |
| Aug 17 2022 | Brief amicus curiae of Counsel for the County of Los Angeles filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 18 2022 | Brief amicus curiae of Aubrey Nelson and Sam Evans-Brown filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| Aug 18 2022 | Brief amici curiae of American Civil Liberties Union and Fourteen Affiliates filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| Aug 18 2022 | Brief amicus curiae of American Bar Association filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| Aug 18 2022 | Brief amicus curiae of Senator James Abourezk filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 18 2022 | Brief amici curiae of Administrative Law and Constitutional Law Professors, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 18 2022 | Amicus brief of National Association of Counsel for Children and 30 other children's rights organizations not accepted for filing. (Corrected brief and PDF to be submitted.) |
| Aug 18 2022 | Brief amici curiae of National Association of Counsel for Children, et al. filed. VIDED. (Aug. 30, 2022) Main Document Other Certificate of Word Count Proof of Service |
| Aug 19 2022 | Application (22A171) of plaintiffs/appellees to extend the time to file their consolidated reply briefs on the merits from September 12, 2022 to October 3, 2022, submitted to Justice Alito. VIDED. Main Document Proof of Service |
| Aug 19 2022 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amicus curiae of Professor Gregory Ablavsky filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of Casey Family Programs, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of Indian Law Professors filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of 87 Members of Congress filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amicus curiae of Robyn Bradshaw filed. VIDED Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of Former Foster Children filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of Family Defense Providers filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of California, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of 497 Indian Tribes and 62 Tribal and Indian Organizations filed. VIDED. Main Document Proof of Service Certificate of Word Count |
| Aug 19 2022 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of American Psychological Association, et al. filed. VIDED. Main Document Certificate of Word Count Proof of Service |
| Aug 19 2022 | Brief amici curiae of American Academy of Pediatrics and American Medical Association filed. VIDED. Certificate of Word Count Proof of Service Main Document |
| Aug 19 2022 | Motion for divided argument and enlargement of time for oral argument filed by the Solicitor General. VIDED. Main Document Proof of Service |
| Aug 19 2022 | Amicus brief of American Historical Association and Organization of American Historians not accepted for filing. (Corrected brief and PDF to be submitted.) |
| Aug 19 2022 | Brief amici curiae of American Historical Association, et al. filed. VIDED. (Aug. 30, 2022) Main Document Certificate of Word Count Proof of Service |
| Aug 21 2022 | CIRCULATED |
| Aug 25 2022 | Application (22A171) granted by Justice Alito extending the time to file the reply briefs on the merits to and including October 3, 2022. VIDED. |
| Sep 12 2022 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 12 2022 | The record from the U.S.C.A. 5th circuit is electronic and located on Pacer. |
| Sep 13 2022 | The record received from the U.S.D.C. Northern District of Texas has been electronically filed. |
| Oct 03 2022 | Motion for divided argument and enlargement of time for oral argument filed by the Solicitor General GRANTED. VIDED. |
| Oct 03 2022 | Reply of plaintiff/appellee Texas filed. VIDED (Distributed) Main Document Certificate of Word Count Proof of Service |
| Oct 03 2022 | Reply of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED. (Distributed) Main Document Certificate of Word Count Proof of Service |
| Nov 09 2022 | Argued. For Chad Everet Brackeen, et al.: Matthew D. McGill, Washington, D. C.
For Texas: Judd E. Stone, II, Solicitor General, Austin, Tex. For federal parties: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For tribal parties: Ian H. Gershengorn, Washington, D. C. VIDED. |
| Jun 15 2023 | Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED AND REMANDED IN PART. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Sotomayor and Jackson, JJ., joined as to Parts I and III. Kavanaugh, J., filed a concurring opinion. Thomas, J., and Alito, J., filed dissenting opinions. VIDED. |
| Jul 17 2023 | Judgment issued. Main Document |