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Dollar General Corporation v. Mississippi Band of Choctaw Indians

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Docket No. Op. Below Argument Opinion Vote Author Term
13-1496 5th Cir. Dec 7, 2015 Jun 23, 2016 4-4 Per Curiam OT 2015

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioners in this case.

Issue: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members. CVSG: 5/12/2015.

Judgment: Affirmed by an equally divided Court in a per curiam opinion on June 23, 2016.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 12 2014Petition for a writ of certiorari filed. (Response due July 18, 2014)
Jul 8 2014Order extending time to file response to petition to and including August 22, 2014, for all respondents.
Jul 18 2014Brief amicus curiae of South Dakota Bankers Association filed.
Aug 21 2014Brief of respondents Mississippi Band of Choctaw Indians, et al. in opposition filed.
Sep 2 2014Reply of petitioners Dollar General Corporation, et al. filed.
Sep 4 2014Supplemental brief of respondents Mississippi Band of Choctaw Indians, et al. filed.
Sep 10 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 6 2014The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 12 2015Brief amicus curiae of United States filed.
May 19 2015DISTRIBUTED for Conference of June 4, 2015.
May 19 2015Supplemental brief of petitioners Dollar General Corporation, et al. filed. (Distributed)
Jun 8 2015DISTRIBUTED for Conference of June 11, 2015.
Jun 15 2015Petition GRANTED.
Jul 10 2015The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 14, 2015.
Jul 10 2015The time to file respondents' brief on the merits is extended to and including September 28, 2015.
Jul 29 2015The time to file the joint appendix and petitioner's brief on the merits is further extended to and including August 31, 2015.
Jul 29 2015The time to file respondents' brief on the merits is further extended to and including October 15, 2015.
Aug 7 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.
Aug 10 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Aug 31 2015Joint appendix filed. (Statement of costs filed.)
Aug 31 2015Brief of petitioners Dollar General Corporation, et al. filed.
Sep 4 2015Brief amicus curiae of South Dakota Bankers Association filed.
Sep 4 2015Brief amici curiae of Oklahoma, et al. filed.
Sep 8 2015Brief amicus curiae of Retail Litigation Center, Inc. filed.
Sep 8 2015Brief amicus curiae of Association of American Railroads filed.
Oct 9 2015SET FOR ARGUMENT on Monday, December 7, 2015
Oct 15 2015Brief of respondents Mississippi Band of Choctaw Indians, et al. filed.
Oct 19 2015Record requested from U.S.C.A. 5th Circuit.
Oct 21 2015Brief amici curiae of American Civil Liberties Union and the ACLU of Mississippi filed.
Oct 22 2015Brief amici curiae of Puyallup Tribe of Indians, et al. filed.
Oct 22 2015Brief amici curiae of National Congress of American Indians, et al. filed.
Oct 22 2015Brief amicus curiae of United States filed.
Oct 22 2015Brief amici curiae of Historians and Legal Scholars Gregory Ablavsky, et al. filed.
Oct 22 2015Brief amici curiae of The Cherokee Nation, et al. filed.
Oct 22 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 22 2015Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Oct 22 2015Brief amici curiae of Mississippi, et al. filed. (Distributed)
Oct 27 2015CIRCULATED
Nov 9 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 16 2015Reply of petitioners Dollar General Corporation, et al. filed. (Distributed)
Dec 7 2015Argued. For petitioners: Thomas C. Goldstein, Bethesda, Md. For respondents: Neal K. Katyal, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 23 2016Adjudged to be AFFIRMED by an equally divided Court. Opinion per curiam.
Jul 25 2016JUDGMENT ISSUED