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Docket for 21-380
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Search documents in this case:
No. 21-380
Vide 21-376, 21-377, 21-378
Title:Chad Everet Brackeen, et al., Petitioners
v.
Deb Haaland, Secretary of the Interior, 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
   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)
PetitionAppendixCertificate of Word CountProof of Service
Sep 24 2021Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
Main Document
Sep 27 2021Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents.
Oct 04 2021Brief amicus curiae of Ohio filed.VIDED
Main DocumentProof of ServiceCertificate of Word Count
Oct 05 2021Brief amicus curiae of Project on Fair Representation filed.VIDED
Main DocumentCertificate of Word CountProof of Service
Oct 08 2021Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed.VIDED
Main DocumentProof of ServiceCertificate of Word Count
Oct 08 2021Brief amici curiae of Goldwater Institute, et al. filed.VIDED
Main DocumentCertificate of Word CountProof of Service
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 Cherokee Nation, et al. in opposition filed.
Main DocumentCertificate of Word CountProof of Service
Dec 08 2021Brief of respondents Navajo Nation in opposition filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Dec 08 2021Brief of respondents Texas in opposition filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Dec 08 2021Brief of respondents Federal Respondents in opposition filed.
Main DocumentProof of Service
Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
Dec 22 2021Reply of petitioners Chad Brackeen, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
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. 21-376, 21-377, and 21-378 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.”
Jul 21 2022Blanket Consent filed by Respondent, Navajo Nation
Blanket Consent
Aug 03 2022ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED.
Aug 31 2022CIRCULATED
Sep 12 2022Record requested from the U.S.C.A. 5th Circuit.
Sep 12 2022The record from the U.S.C.A. 5th circuit is electronic and located on Pacer.
Sep 12 2022The record received from the U.S.D.C. Northern District of Texas has been electronically filed.
Nov 09 2022Argued. 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 2023Adjudged 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 2023Judgment issued.
Main Document

NAMEADDRESSPHONE
Attorneys for Petitioners
Matthew Dempsey McGill
    Counsel of Record
Gibson, Dunn & Crutcher LLP
1050 Connecticut Avenue, NW
Washington, DC 20036

mmcgill@gibsondunn.com
202-955-8500
Party name: Chad Brackeen, 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.
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: 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
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: Ohio
Larry Stuart Jenkins
    Counsel of Record
Kirton McConkie
50 East South Temple Street, 4th Floor
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
Stephen Joseph ObermeierWiley Rein LLP
2050 M Street NW
Washington, DC 20036

sobermeier@wiley.law
202-719-7000
Party name: Christian Alliance for Indian Child Welfare and ICWA Children and Families
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
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

 

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