Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Osage Nation v. Irby

Petition for certiorari denied on June 27, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-537 10th Cir. N/A N/A N/A N/A OT 2010

Issue: (1) Whether, in determining whether Congress "disestablished an Indian reservation," pursuant to Solem v. Bartlett (1984), courts are limited to the statutory text, legislative history, and views of the Executive Branch or can instead also consider other external indicia; and (2) whether the lower court properly ruled that a Native American tribe's reservation had been "disestablished."

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