Town of Vernon, New York v. United States

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
17-8 2d Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether a tribe that opted out of the Indian Reorganization Act can revive its status under that Act through the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not hold land in a trust for that tribe at the time the tribe sought a land-in-trust acquisition; (2) whether the land-in-trust provision of the Indian Reorganization Act, 25 U.S.C. § 5108, exceeds Congress' authority under the Indian commerce clause, Art. I § 8, cl. 3; (3) whether 25 U.S.C. § 5108's standardless delegation of authority to acquire land “for Indians” is an unconstitutional delegation of legislative power; and (4) whether the federal government's control over state land must be categorically exclusive for the enclave clause, Art. I § 8, cl. 17, to prohibit the removal of that land from state jurisdiction.

DateProceedings and Orders
Apr 13 2017Application (16A982) to extend the time to file a petition for a writ of certiorari from April 27, 2017 to May 26, 2017, submitted to Justice Ginsburg.
Apr 17 2017Application (16A982) granted by Justice Ginsburg extending the time to file until May 26, 2017.
May 10 2017Application (16A982) to extend further the time from May 26, 2017 to June 26, 2017, submitted to Justice Ginsburg.
May 15 2017Application (16A982) granted by Justice Ginsburg extending the time to file until June 26, 2017.
Jun 23 2017Petition for a writ of certiorari filed. (Response due July 27, 2017)
Jul 19 2017Blanket Consent filed by Petitioner, The Town of Vernon on 08/10/2017
Jul 21 2017Brief amicus curiae of Citizens Equal Rights Foundation filed.
Jul 24 2017Order extending time to file response to petition to and including August 28, 2017.
Aug 28 2017Brief of respondents United States, et al. in opposition filed.
Sep 13 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 03 2017Rescheduled.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 11 2017Rescheduled.
Oct 23 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 24 2017Rescheduled.
Oct 30 2017DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017DISTRIBUTED for Conference of 11/9/2017.
Nov 13 2017DISTRIBUTED for Conference of 11/21/2017.
 
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