Arizona v. Navajo Nation
Linked with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1484 | 9th Cir. | TBD | TBD | TBD | TBD | OT 2022 |
Issues: (1) Whether the opinion of the U.S. Court of Appeals for the 9th Circuit, allowing the Navajo Nation to proceed with a claim to enjoin the secretary of the U.S. Department of the Interior to develop a plan to meet the Navajo Nation’s water needs and manage the mainstream of the Colorado River in the Lower Basin so as not to interfere with that plan, infringes upon the Supreme Court’s retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California; and (2) whether the Navajo Nation can state a cognizable claim for breach of trust consistent with the Supreme Court’s holding in United States v. Jicarilla Apache Nation based solely on unquantified implied rights to water under the doctrine of Winters v. United States.
SCOTUSblog Coverage
- Justices grant review in cases on patents, trademarks, and water rights for Native Americans (Amy Howe, November 4, 2022)
- Intellectual property and Navajo water rights (John Elwood, November 2, 2022)
- Medical marijuana money and purses without probable cause (Kalvis Golde, June 10, 2022)
| Date | Proceedings and Orders |
|---|---|
| May 17 2022 | Petition for a writ of certiorari filed. (Response due June 24, 2022) |
| Jun 16 2022 | Waiver of right of respondent Navajo Nation to respond filed. |
| Jun 17 2022 | Waiver of right of respondent Arizona Power Authority to respond filed. |
| Jun 21 2022 | Motion to extend the time to file a response from June 24, 2022 to July 25, 2022, submitted to The Clerk. |
| Jun 23 2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022. |
| Jul 15 2022 | Memorandum of respondents Department of the Interior, et al. filed. |
| Jul 21 2022 | Motion 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 2022 | The motion of the Navajo Nation is granted and the time to file a response is extended to and including September 23, 2022. |
| Sep 23 2022 | Brief of respondents Navajo Nation, et al. in opposition filed. |
| Oct 07 2022 | Reply of petitioners Arizona, et al. filed. (Distributed) |
| Oct 12 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 04 2022 | Petition 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 2022 | Because 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.” |
