Breaking News :

Michigan v. Bay Mills Indian Community

Docket No. Op. Below Argument Opinion Vote Author Term
12-515 6th Cir. Dec 2, 2013
Tr.Aud.
May 27, 2014 5-4 Kagan OT 2013

Holding: Michigan's suit against the Bay Mills Indian Community to enjoin the tribe from operating a gaming facility on non-Indian lands is barred by tribal sovereign immunity.

Judgment: Affirmed and remanded, 5-4, in an opinion by Justice Kagan on May 27, 2014. Justice Sotomayor filed a concurring opinion. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia, Justice Ginsburg, and Justice Alito joined. Justice Ginsburg filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders
Oct 23 2012Petition for a writ of certiorari filed. (Response due November 26, 2012)
Nov 3 2012Waiver of right of respondent Little Traverse Bay Bands of Odawa Indians to respond filed.
Nov 26 2012Brief of respondent Bay Mills Indian Community in opposition filed.
Dec 6 2012Reply of petitioner Michigan filed.
Dec 12 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 14 2013Brief amicus curiae of United States filed.
May 24 2013Supplemental brief of petitioner Michigan filed.
May 28 2013DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013Petition GRANTED.
Jul 26 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2013.
Jul 26 2013The time to file respondent's brief on the merits is extended to and including October 24, 2013.
Aug 30 2013Joint appendix filed. (Statement of costs filed)
Aug 30 2013Brief of petitioner Michigan filed.
Sep 6 2013Brief amicus curiae of State of Oklahoma filed.
Sep 6 2013Brief amici curiae of Alabama, et al. filed.
Sep 17 2013SET FOR ARGUMENT ON Monday, December 2, 2013.
Sep 17 2013CIRCULATED
Sep 19 2013Record from U.S.C.A. for 6th Circuit is electronic (Not on PACER).
Sep 19 2013Record from U.S.D.C. for Western District of Michigan is electronic and located on PACER.
Oct 17 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Oct 22 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Oct 24 2013Brief of respondent Bay Mills Indian Community filed. (Distributed)
Oct 24 2013Letter proposing a lodging of a copy of arguments and decision in the Supreme Court of the District of Columbia in Chadick v. Duncan, No.15,317 (D.C. March 2, 1894) received from counsel for the respondent. (Distributed)
Oct 31 2013Brief amicus curiae of United States filed. (Distributed)
Oct 31 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 31 2013Brief amici curiae of National Congress of American Indians, et al. filed. (Distributed)
Oct 31 2013Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed)
Oct 31 2013Brief amici curiae of Scholars of American Indian Law filed. (Distributed)
Nov 5 2013Consent to the filing of amicus curiae briefs in support of either party or neither party received from respondent Little Traverse Bay Bands of Odawa Indians.
Nov 18 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 22 2013Reply of petitioner Michigan filed. (Distributed)
Dec 2 2013Argued. For petitioner: John J. Bursch, Michigan Solicitor General, Lansing, Mich. For respondents: Neal Kumar Katyal, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 27 2014Judgment is affirmed and case remanded. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Sotomayor, JJ., joined. Sotomayor, J., filed a concurring opinion. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Scalia, Ginsburg, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion.
Jun 30 2014JUDGMENT ISSUED.
 
Share:
  • Featured Posts

  • Merits Case Pages and Archives

Term Snapshot
  • Videos see all

    Capture

    “I think always the humor was a means to an end. And the end is, to help folks who don’t live in this world understand why it matters.” Dahlia Lithwick covers the Supreme Court and writes about law more broadly for Slate.com.  In this six-part interview, Ms. Lithwick discusses law school, practicing law, and how […]

Awards
  • Peabody Award

    Peabody Award

    Awarded the Peabody Award for excellence in electronic media.

  • Sigma Delta Chi

    Sigma Delta Chi

    Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.

  • National Press Club Award

    National Press Club Award

    Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.

  • Silver Gavel Award

    Silver Gavel Award

    Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.

  • American Gavel Award

    American Gavel Award

    Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.

  • Webby Award

    Webby Award

    Awarded the Webby Award for excellence on the internet.

  • Email Digest Sign-Up


  • Subscriptions



    RSS


    Twitter: Blog Staff Tweets


    Twitter: Each Blog Post, Tweeted