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Cherokee Nation v. Brackeen

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-377 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the en banc U.S. Court of Appeals for the 5th Circuit erred by invalidating six sets of Indian Child Welfare Act provisions — 25 U.S.C. §§1912(a), (d), (e)-(f), 1915(a)-(b), (e), and 1951(a) — as impermissibly commandeering states (including via its equally divided affirmance); (2) whether the en banc 5th Circuit erred by reaching the merits of the plaintiffs’ claims that ICWA’s placement preferences violate equal protection; and (3) whether the en banc 5th Circuit erred by affirming (via an equally divided court) the district court’s judgment invalidating two of ICWA’s placement preferences, 25 U.S.C. §1915(a)(3), (b)(iii), as failing to satisfy the rational-basis standard of Morton v. Mancari.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 03 2021Petition for a writ of certiorari filed. (Response due October 8, 2021)
Sep 24 2021Motion of Chad E. Brackeen, et al. to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
Sep 24 2021Motion of Texas to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
Sep 27 2021The motions to extend the time to file responses are granted and the time is extended to and including November 8, 2021, for all respondents.
Oct 06 2021Waiver of right of respondent Navajo Nation to respond filed.
Oct 08 2021Brief amici curiae of Goldwater Institute, et al. filed.
Oct 08 2021Brief amici curiae of California, et al. filed.
Oct 08 2021Brief amici curiae of Casey Family Programs, et al. filed.
Oct 08 2021Brief amici curiae of 180 Indian Tribes, et al. filed.