Upstate Citizens for Equality, Inc. v. United States

Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
16-1320 2d Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, in the exercise of its Article I powers, Congress can infringe, reduce or diminish the territorial integrity of a state without its prior consent; (2) whether Congress possesses plenary power over Indian affairs and, if so, whether the plenary power expands the Indian commerce clause to authorize the displacement of state rights to territorial integrity; (3) whether the land acquisition in this case via the mechanism of 25 U.S.C. § 465 (now 25 U.S.C. § 5108) represents a violation of the limits inherently expressed in the Indian commerce clause that limits Congress’ power to “regulate” “commerce”; and (4) whether the 300,000-acre ancient Oneida Indian reservation in New York still exists.

DateProceedings and Orders
Apr 26 2017Petition for a writ of certiorari filed. (Response due June 1, 2017)
May 30 2017Order extending time to file response to petition to and including July 3, 2017.
Jun 30 2017Brief of respondents United States, et al. in opposition filed.
Jul 19 2017DISTRIBUTED for Conference of September 25, 2017.
Sep 21 2017Rescheduled.
Oct 02 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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