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
Lower Ct:United States Court of Appeals for the Fifth Circuit
   Case Numbers:(18-11479)
   Decision Date:April 6, 2021
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Sep 03 2021Petition for a writ of certiorari filed. (Response due October 8, 2021)
PetitionAppendixProof of Service
Sep 24 2021Motion 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 2021Motion 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 2021The 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 2021Waiver of right of respondent Navajo Nation to respond filed.
Main Document
Oct 08 2021Brief amici curiae of Goldwater Institute, et al. filed.
Main DocumentProof of ServiceCertificate of Word Count
Oct 08 2021Brief amici curiae of California, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Oct 08 2021Brief amici curiae of Casey Family Programs, et al. filed.
Main DocumentProof of ServiceCertificate of Word Count
Oct 08 2021Brief amici curiae of 180 Indian Tribes and 35 Tribal Organizations filed.
Main DocumentProof of ServiceCertificate of Word CountOther
Oct 25 2021Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
Main Document
Oct 29 2021Motion 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 2021Brief of respondents Chad Everet Brackeen, et al. filed. VIDED.
Main DocumentOtherProof of Service
Dec 08 2021Brief of respondents Texas in opposition filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
Dec 22 2021Reply of petitioners Deb Haaland, Secretary of the Interior, et al. filed. (Distributed)
Main DocumentCertificate of Word Count
Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022DISTRIBUTED for Conference of 2/25/2022.
Feb 28 2022Petition 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 2022Because 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 2022Blanket Consent filed by Chad Everet Brackeen, et al. VIDED.
Blanket Consent
Mar 18 2022Blanket Consent filed by Texas. VIDED.
Blanket Consent
Mar 18 2022Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED.
Main Document
Mar 29 2022Motion 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 2022Application (21A555) to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Alito.
Proof of ServiceMain Document
Mar 31 2022Application (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 2022Brief of plaintiff/appellee The State of Texas filed. VIDED.
Main DocumentProof of ServiceCertificate of Word Count
May 26 2022Brief of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
May 26 2022Joint appendix filed. VIDED.
Main DocumentProof of Service
Jun 01 2022Brief amici curiae of Goldwater Institute, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jun 01 2022Brief amicus curiae of Foster Parents and Pacific Legal Foundation in support of Chad Everet Brackeen, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jun 01 2022Brief amicus curiae of Project on Fair Representation filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jun 01 2022Brief amici curiae of States of Ohio and Oklahoma filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jun 02 2022Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed. VIDED
Main DocumentCertificate of Word CountProof of Service
Jun 02 2022Brief amici curiae of Academy of Adoption and Assisted Reproduction Attorneys, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Jun 02 2022Brief amicus curiae of New Civil Liberties Alliance in support of Texas filed. VIDED
Main DocumentCertificate of Word CountProof of Service
Jun 02 2022Brief amicus curiae of Citizens for Equal Rights Foundation in support of neither party filed. VIDED
Main DocumentProof of ServiceCertificate of Word Count

NAMEADDRESSPHONE
Attorneys for Petitioners
Elizabeth B. Prelogar
    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: Deb Haaland, Secretary of the Interior, et al.
Attorneys for Respondents
Ian Heath Gershengorn
    Counsel of Record
Jenner & Block
1099 New York Ave., NW
Suite 900
Washington, DC 20001

IGershengorn@jenner.com
202-639-6869
Party name: Cherokee Nation, et al.
Matthew Dempsey McGill
    Counsel of Record
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, NW
Washington, DC 20036

mmcgill@gibsondunn.com
202-887-3680
Party name: Chad Everet Brackeen, et al.
Paul Wesley Spruhan
    Counsel of Record
Navajo Naton Department of Justice
P.O. Box 2010
Window Rock, Navajo Nation, AZ 86515

pspruhan@nndoj.org
(928) 871-6210
Party name: Navajo Nation
Judd Edward Stone II
    Counsel of Record
Texas Attorney General's Office
P.O. Box 12548 (MC 059)
Austin, TX 78711-2548

judd.stone@oag.texas.gov
512-936-1700
Party name: The State of Texas
Other
John Michael Connolly
    Counsel of Record
Consovoy McCarthy PLLC
1600 Wilson Blvd
Suite 700
Arlington, VA 22209

mike@consovoymccarthy.com
7032439423
Party name: Project on Fair Representation
Erin Christine Dougherty Lynch
    Counsel of Record
Native American Rights Fund
745 W. 4th Avenue, Suite 502
Anchorage, AK 99501

dougherty@narf.org
9072760680
Party name: 180 Indian Tribes and 35 Tribal Organizations
Oliver James Dunford
    Counsel of Record
Pacific Legal Foundation
4440 PGA Boulevard
Suite 307
Palm Beach Gardens, FL 33410

odunford@pacificlegal.org
916.503.9060
Party name: Foster Parents and Pacific Legal Foundation
Benjamin Michael Flowers
    Counsel of Record
Ohio Attorney General Dave Yost
30 E. Broad St.
Columbus, OH 43215

benjamin.flowers@ohioattorneygeneral.gov
6144668980
Party name: States of Ohio and Oklahoma
Hyland Hunt
    Counsel of Record
Deutsch Hunt PLLC
300 New Jersey Ave., NW
Suite 900
Washington, DC 20001

hhunt@deutschhunt.com
2028686915
Party name: Casey Family Programs and Ten Other Child Welfare and Adoption Organizations
Larry Stuart Jenkins
    Counsel of Record
Kirton McConkie
50 East South Temple Street, Suite 400
Salt Lake City, UT 84111

ljenkins@kmclaw.com
(801) 328-3600
Party name: Academy of Adoption and Assisted Reproduction Attorneys and National Council for Adoption
Lawrence A. Kogan
    Counsel of Record
The Kogan Law Group, P.C.
100 United Nations Plaza
Suite #14F
New York, NY 10017

lkogan@koganlawgroup.com
917-565-1521
Party name: Citizens for Equal Rights Foundation
Joshua Patashnik
    Counsel of Record
California Department of Justice
455 Golden Gate Ave., Suite 11000
San Francisco, CA 94102

josh.patashnik@doj.ca.gov
415-510-3896
Party name: State of California
Brian Rosner
    Counsel of Record
New Civil Liberties Alliance
1225 19th Street NW, Suite 450
Washington, DC, DC 20036

BRosner1517@gmail.com
202-869-5210
Party name: New Civil Liberties Alliance
Timothy Mason Sandefur
    Counsel of Record
Goldwater Institute
500 E. Coronado Road
Phoenix, AZ 85004

tsandefur@goldwaterinstitute.org
6024625000
Party name: Goldwater Institute, et al.
Krystal Brunner Swendsboe
    Counsel of Record
Wiley Rein LLP
2050 M Street NW
Washington, DC 20036

Kswendsboe@wiley.law
202-719-4197
Party name: Christian Alliance for Indian Child Welfare and ICWA Children and Families