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Salazar v. Patchak

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Docket No. Op. Below Argument Opinion Vote Author Term
11-247 D.C. Cir. Apr 24, 2012
Jun 18, 2012 8-1 Kagan OT 2011

Holding: The federal government has waived its sovereign immunity from the respondent’s suit under the Administrative Procedure Act, in which he alleges that Section 465 of the Indian Reorganization Act did not authorize the Secretary of the Interior to acquire into trust property that the Band intended to use for “gaming purposes” because the Band was not a federally recognized tribe when the Indian Reorganization Act was enacted in 1934. Moreover, the respondent has prudential standing to challenge the Secretary’s acquisition of the land in question.

Judgment: Affirmed, 8-1, in an opinion by Justice Kagan on June 18, 2012.

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