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Haaland v. Brackeen

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-376 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether various provisions of the Indian Child Welfare Act of 1978 — namely, the minimum standards of Section 1912(a), (d), (e), and (f); the placement-preference provisions of Section 1915(a) and (b); and the recordkeeping provisions of Sections 1915(e) and 1951(a) — violate the anticommandeering doctrine of the 10th Amendment; (2) whether the individual plaintiffs have Article III standing to challenge ICWA’s placement preferences for “other Indian families” and for “Indian foster home[s]”; and (3) whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and therefore consistent with equal protection.

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 and 35 Tribal Organizations filed.