No. 23-250
Vide 23-253
Title:Xavier Becerra, Secretary of Health and Human Services, et al., Petitioners
v.
San Carlos Apache Tribe
Docketed:September 15, 2023
Linked with 23A103
Lower Ct:United States Court of Appeals for the Ninth Circuit
   Case Numbers:(21-15641)
   Decision Date:November 21, 2022
   Rehearing Denied:May 16, 2023
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Aug 03 2023Application (23A103) to extend the time to file a petition for a writ of certiorari from August 14, 2023 to September 13, 2023, submitted to Justice Kagan.
Main DocumentProof of Service
Aug 04 2023Application (23A103) granted by Justice Kagan extending the time to file until September 13, 2023.
Sep 13 2023Petition for a writ of certiorari filed. (Response due October 16, 2023)
PetitionProof of Service
Oct 11 2023Response to petition from respondent San Carlos Apache Tribe filed.
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Oct 20 2023Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
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Oct 24 2023DISTRIBUTED for Conference of 11/9/2023.
Oct 24 2023Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. (Distributed)
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Nov 13 2023DISTRIBUTED for Conference of 11/17/2023.
Nov 20 2023Petition GRANTED. The petition for a writ of certiorari in No. 23-253 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Nov 20 2023Because 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. 23-250. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-250. 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.”
Jan 04 2024Brief of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED.
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Jan 04 2024Joint appendix filed. VIDED. (Statement of cost filed.)
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Jan 22 2024Motion for an extension of time to file respondents' briefs on the merits filed. VIDED.
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Jan 26 2024Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including February 12, 2024. VIDED.
Jan 29 2024SET FOR ARGUMENT on Monday, March 25, 2024. VIDED.
Jan 30 2024Record requested from the United States Court of Appeals for the Ninth Circuit.
Feb 01 2024Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
Feb 12 2024Brief of respondent San Carlos Apache Tribe (as to 23-250) filed. (Distributed)
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Feb 12 2024Brief of respondent Northern Arapaho Tribe (as to 23-253) filed. (Distributed)
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Feb 12 2024Motion for divided argument filed by respondents. VIDED.
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Feb 14 2024CIRCULATED
Feb 19 2024Amicus brief of National Indian Health Board not accepted for filing. (Distributed). (February 28, 2024 - to be corrected.)
Feb 19 2024Brief amici curiae of National Indian Health Board, et al. filed. VIDED. (Corrected brief - February 29, 2024). (Distributed).
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Feb 20 2024Amici brief of National Congress of American Indians and Various Tribes and Tribunal Organizations not accepted for filing. (Feb. 28, 2024--to be corrected.)
Feb 20 2024Amici brief of National Congress of American Indians, et al. not accepted for filing. (February 29, 2024 - to be corrected.)
Feb 20 2024Brief amici curiae of National Congress of American Indians filed. (Corrected version--March 1, 2024.) VIDED. (Distributed)
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Feb 20 2024Brief amici curiae of Legal Scholars filed. VIDED. (Distributed)
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Feb 20 2024Brief amicus curiae of NAFOA filed. VIDED. (Distributed)
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Feb 20 2024Brief amici curiae of Coalition of Large Tribes, et al. filed. VIDED. (Distributed)
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Feb 26 2024Motion for divided argument filed by respondents GRANTED. VIDED.
Mar 13 2024Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed)
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Mar 25 2024Argued. For petitioners: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 23-253: Adam G. Unikowsky, Washington, D. C. For respondent in 23-250: Lloyd B. Miller, Washington, D. C. VIDED.
Jun 06 2024Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas, Alito, and Barrett, JJ., joined. VIDED.
Jul 08 2024Judgment Issued.
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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: Xavier Becerra, Secretary of Health and Human Services, et al.
Attorneys for Respondent
Lloyd Benton Miller
    Counsel of Record
Sonosky, Chambers, Sachse, Endreson & Perry LLP
1425 K Street, NW
Washington, DC 20005

Lloyd@sonosky.net
(202) 682-0240
Party name: San Carlos Apache Tribe
Adam G. Unikowsky
    Counsel of Record
Jenner & Block LLP
1099 New York Avenue, NW
Suite 900
Washington, DC 20001

AUNIKOWSKY@JENNER.COM
202-639-6865
Party name: Northern Arapaho Tribe
Carter G. PhillipsSidley Austin LLP
Sidley Austin LLP
1501 K Street, N.W.
Washington, DC 20005

CPHILLIPS@SIDLEY.COM
+1 202 736 8270
Party name: San Carlos Apache Tribe
Other
Andrew Baldwin Brantingham
    Counsel of Record
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402

brantingham.andrew@dorsey.com
612-340-2600
Party name: National Indian Health Board
Steven Douglas Gordon
    Counsel of Record
Holland & Knight
800 17th Street Northwest, Suite 1100
Washington, DC 20006

steven.gordon@hklaw.com
202-955-3000
Party name: NATIONAL CONGRESS OF AMERICAN INDIANS AND VARIOUS TRIBES AND TRIBAL ORGANIZATIONS
Carl Bryant Rogers
    Counsel of Record
VanAmberg Rogers Yepa Abeita Gomez & Wilkinson
347 E. Palace Ave.
Santa Fe, NM 87501

cbrogers@nmlawgroup.com
(505) 988-8979
Party name: NAFOA
Seth P. Waxman
    Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Ave, NW
Washington, DC 20037

SETH.WAXMAN@WILMERHALE.COM
202-663-6800
Party name: Legal Scholars
Jennifer H. Weddle
    Counsel of Record
Greenberg Traurig
1144 15th Street
Ste. 3300
Denver, CO 80202

weddlej@gtlaw.com
13035726565
Party name: Coalition of Large Tribes