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Arizona v. Navajo Nation

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
21-1484 9th Cir. Mar 20, 2023
 Jun 22, 2023 5-4 Kavanaugh OT 2022

Holding: The 1868 treaty establishing the Navajo Reservation reserved necessary water to accomplish the purpose of the Navajo Reservation but did not require the United States to take affirmative steps to secure water for the tribe.

Judgment: Reversed, 5-4, in an opinion by Justice Kavanaugh on June 22, 2023. Justice Thomas filed a concurring opinion. Justice Gorsuch filed a dissenting opinion, in which Justices Sotomayor, Kagan, and Jackson joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 17 2022Petition for a writ of certiorari filed. (Response due June 24, 2022)
Jun 16 2022Waiver of right of respondent Navajo Nation to respond filed.
Jun 17 2022Waiver of right of respondent Arizona Power Authority to respond filed.
Jun 21 2022Motion to extend the time to file a response from June 24, 2022 to July 25, 2022, submitted to The Clerk.
Jun 23 2022Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022.
Jul 15 2022Memorandum of respondents Department of the Interior, et al. filed.
Jul 21 2022Motion of the Navajo Nation seeking an extension of time to file a response from July 25, 2022 to September 23, 2022, submitted to The Clerk.
Jul 22 2022The motion of the Navajo Nation is granted and the time to file a response is extended to and including September 23, 2022.
Sep 23 2022Brief of respondent Navajo Nation in opposition filed.
Oct 07 2022Reply of petitioners Arizona, et al. filed. (Distributed)
Oct 12 2022DISTRIBUTED for Conference of 10/28/2022.
Oct 31 2022DISTRIBUTED for Conference of 11/4/2022.
Nov 04 2022Petition GRANTED. The petition for a writ of certiorari in No. 22-51 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Nov 04 2022Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-1484. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1484. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Dec 19 2022Brief of the Federal Parties filed. VIDED.
Dec 19 2022Joint appendix filed. VIDED. (Statement of cost filed.)
Dec 19 2022Brief of Colorado filed (as to 21-1484).
Dec 19 2022Brief of Arizona, et al. filed. VIDED.
Dec 27 2022Brief amici curiae of Western Water Users and Trade Associations filed. VIDED.
Dec 27 2022Brief amicus curiae of Citizens Equal Rights Foundation in support of neither party (also in 22-51) filed. VIDED.
Dec 28 2022Motion of respondent Navajo Nation for an extension of time filed. VIDED.
Jan 03 2023Motion to extend the time to file the brief on the merits of respondent Navajo Nation is granted and the time is extended to and including February 1, 2023. VIDED.
Jan 31 2023SET FOR ARGUMENT on Monday, March 20, 2023. VIDED.
Feb 01 2023Brief of respondent Navajo Nation filed. VIDED
Feb 03 2023Record requested from the U.S.C.A. for the Ninth Circuit. VIDED.
Feb 03 2023All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Arizona were transmitted electronically.
Feb 07 2023Motion for divided argument filed by the Solicitor General. VIDED.
Feb 08 2023Amicus brief of Coalition of Large Tribes not accepted for filing. (February 09, 2023 - corrected efiling to be submitted).
Feb 08 2023Brief amicus curiae of Coalition of Large Tribes filed. VIDED. (Distributed)
Feb 08 2023Brief amici curiae of Historians filed. VIDED. (Distributed)
Feb 08 2023Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed. VIDED. (Distributed)
Feb 08 2023Brief amici curiae of Prof. Daniel McCool, Prof. Ezra Rosser, and Prof. David Wilkins filed. VIDED. (Distributed)
Feb 08 2023Brief amicus curiae of Diné Hataalii Association, Inc. filed. VIDED. (Distributed)
Feb 08 2023Brief amici curiae of Tribal Nations and Indian Organizations filed. VIDED. (Distributed)
Feb 08 2023Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED. (Distributed)
Feb 08 2023Brief amici curiae of Lawrence J. MacDonnell, et. al. filed. VIDED. (Distributed)
Feb 08 2023Brief amici curiae of DigDeep Right to Water Project, et al. filed (Feb.14, 2023). VIDED. (Distributed)
Feb 10 2023CIRCULATED
Mar 03 2023Reply of Arizona, et al. filed. VIDED. (Distributed)
Mar 03 2023Reply of Colorado filed (as to 21-1484). (Distributed)
Mar 03 2023Reply of Federal Parties filed. VIDED. (Distributed)
Mar 17 2023Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Mar 20 2023Argued. For federal parties: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For state parties: Rita P. Maguire, Phoenix, Ariz. For Navajo Nation: Shay Dvoretzky, Washington, D. C. VIDED.
Apr 07 2023Letter filed. VIDED. (Distributed)
Jun 22 2023Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED.
Jul 24 2023Judgment issued.