| No. 21-377 Vide 21-376, 21-378, 21-380 | |
| Title: | Cherokee Nation, et al., Petitioners v. Chad Everet Brackeen, et al. |
| Docketed: | September 8, 2021 |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (18-11479) |
| Decision Date: | April 6, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 03 2021 | Petition for a writ of certiorari filed. (Response due October 8, 2021) |
| PetitionAppendixCertificate of Word CountProof 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.VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 08 2021 | Brief amici curiae of California, et al. filed.VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 08 2021 | Brief amici curiae of Casey Family Programs, et al. filed.VIDED |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 08 2021 | Brief amici curiae of 180 Indian Tribes, et al. filed.VIDED |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| 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 E. Brackeen, et al. filed. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 08 2021 | Brief of respondents Texas in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 21 2021 | Reply of petitioners Cherokee Nation, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022. |
| 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. 21-376, 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.” |
| Jul 21 2022 | Blanket Consent filed by Respondent, Navajo Nation |
| Blanket Consent | |
| Aug 03 2022 | ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED. |
| Aug 31 2022 | CIRCULATED |
| 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. |
| 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 |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| 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. | ||
| Attorneys for Respondents | ||
| 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. | ||
| 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: Federal respondents | ||
| 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 | ||
| 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 | ||
| 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 | ||
| Joshua Patashnik Counsel of Record | California Department of Justice 600 West Broadway, Suite 1800 San Diego, CA 92101 josh.patashnik@doj.ca.gov | 619-738-9628 |
| Party name: State of California | ||
| Timothy Mason Sandefur Counsel of Record | Goldwater Institute 500 E. Coronado Road Phoenix, AZ 85004 tsandefur@goldwaterinstitute.org | 6024625000 |
| Party name: Goldwater Institute, Texas Public Policy Foundation, Cato Institute | ||