FMC Corp. v. Shoshone-Bannock Tribes

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
19-1143 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the U.S. Court of Appeals for the 9th Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever an exception under Montana v. United States is met, or whether, as the U.S. Courts of Appeals for the 7th and 8th Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government or control internal relations; and (2) whether the 9th Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 16 2020Petition for a writ of certiorari filed. (Response due April 17, 2020)
Apr 03 2020Motion to extend the time to file a response from April 17, 2020 to May 20, 2020, submitted to The Clerk.
Apr 06 2020Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2020.
Apr 17 2020Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
Apr 17 2020Brief amicus curiae of Retail Litigation Center, Inc. filed.
May 20 2020Brief of respondent Shoshone-Bannock Tribes in opposition filed.
Jun 09 2020DISTRIBUTED for Conference of 6/25/2020.
Jun 09 2020Reply of petitioner FMC Corporation filed. (Distributed)
Jun 29 2020The Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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