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Herrera v. Wyoming

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-532	Wyo. Dist.	Jan 8, 2019 Tr.Aud.	TBD	TBD	TBD	OT 2018

Issue: Whether Wyoming's admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family. CVSG: 05/22/2018.

SCOTUSblog Coverage

OT2018 #15: "Second Best Opinion" (First Mondays)
OT2018 #14: "Decent Take" (First Mondays)
Argument analysis: Justices grapple with preclusion and “occupation” in Crow Tribe treaty case (Gregory Ablavsky)
Argument preview: Tribes, treaties and animals return to the Supreme Court (Gregory Ablavsky)

Date	Proceedings and Orders (key to color coding)
Aug 07 2017	Application (17A158) to extend the time to file a petition for a writ of certiorari from September 4, 2017 to October 5, 2017, submitted to Justice Sotomayor.
Aug 09 2017	Application (17A158) granted by Justice Sotomayor extending the time to file until October 5, 2017.
Oct 05 2017	Petition for a writ of certiorari filed. (Response due November 9, 2017)
Oct 12 2017	Blanket Consent filed by Petitioner, Clayvin Herrera
Oct 24 2017	Blanket Consent filed by Respondent, Wyoming
Nov 08 2017	Brief amici curiae of Indian Law Professors filed.
Nov 09 2017	Brief of respondent Wyoming in opposition filed.
Nov 09 2017	Brief amicus curiae of Crow Tribe of Indians filed.
Nov 09 2017	Brief amici curiae of Timothy P. McCleary, et al. filed.
Nov 28 2017	Reply of petitioner Clayvin Herrera filed.
Nov 29 2017	DISTRIBUTED for Conference of 1/5/2018.
Jan 08 2018	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 22 2018	Brief amicus curiae of United States filed.
Jun 05 2018	DISTRIBUTED for Conference of 6/21/2018.
Jun 05 2018	Supplemental brief of petitioner Clayvin Herrera filed. (Distributed)
Jun 05 2018	Supplemental brief of respondent Wyoming filed. (Distributed)
Jun 27 2018	DISTRIBUTED for Conference of 6/27/2018.
Jun 28 2018	Petition GRANTED.
Jul 30 2018	Motion for an extension of time to file the opening briefs on the merits filed.
Jul 31 2018	Blanket Consent filed by Petitioner, Clayvin Herrera.
Aug 02 2018	Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2018. The time to file respondent's brief on the merits is extended to and including October 22, 2018.
Aug 27 2018	Blanket Consent filed by Respondent, State of Wyoming
Sep 04 2018	Joint appendix filed.
Sep 04 2018	Brief of petitioner Clayvin Herrera filed.
Sep 10 2018	Brief amicus curiae of Eastern Shoshone Tribe filed.
Sep 11 2018	Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed.
Sep 11 2018	Brief amici curiae of Shoshone-Bannock Tribes of the Fort Hall Reservation filed.
Sep 11 2018	Brief amicus curiae of United States filed.
Sep 11 2018	Brief amici curiae of Natural Resources Law Professors filed.
Sep 11 2018	Brief amici curiae of Pacific and Inland Northwest Treaty Tribes filed.
Sep 11 2018	Brief amici curiae of Timothy P. McCleary, et al. filed.
Sep 11 2018	Brief amicus curiae of Crow Tribe of Indians filed.
Sep 11 2018	Brief amici curiae of National Congress of American Indians, et al. filed.
Sep 11 2018	Brief amici curiae of Indian Law Professors filed.
Oct 03 2018	Motion of Clayvin Herrera for an extension of time not accepted for filing. (Corrected motion submitted - October 12, 2018)
Oct 11 2018	Motion for a further extension of time to file respondent's brief on the merits filed.
Oct 12 2018	Motion for a further extension of time to file respondent's brief on the merits granted and the time is extended to and including November 13, 2018.
Nov 13 2018	Brief of respondent Wyoming filed.
Nov 15 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Nov 20 2018	Brief amici curiae of Western Association of Fish and Wildlife Agencies, et al. filed.
Nov 20 2018	Brief amici curiae of States of Nebraska, Kansas, Louisiana, North Dakota, South Dakota, and Texas filed.
Nov 20 2018	Brief amicus curiae of Association of Fish and Wildlife Agencies filed.
Nov 20 2018	Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
Nov 20 2018	Brief amicus curiae of Safari Club International filed.
Nov 20 2018	Brief amici curiae of Citzen Equal Rights Foundation, Mille Lacs Equal Rights Foundation, City of Wakhon, Minnesota filed.
Nov 28 2018	SET FOR ARGUMENT ON Tuesday, January 8, 2019
Nov 30 2018	CIRCULATED
Dec 03 2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Dec 11 2018	Record requested from U.S.D.C. Wyoming, Sheridan County.
Dec 13 2018	Reply of petitioner Clayvin Herrera filed. (Distributed)
Dec 27 2018	Record from the District Court Wyoming, Sheridan County received (2 boxes).
Jan 08 2019	Argued. For petitioner: George W. Hicks, Jr., Washington, D. C.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John G. Knepper, Chief Deputy Attorney General, Cheyenne, Wyo.

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The Supreme Court released orders from the April 18 conference on Monday; the justices agreed to decide Bostock v. Clayton County, Georgia, consolidated with Altitude Express Inc. v. Zarda, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., and Barton v. Barr. The justices also called for the views of the U.S. solicitor general in Putnam Investments, LLC v. Brotherston.
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On Monday, the justices heard oral argument in Food Marketing Institute v. Argus Leader Media and Fort Bend County, Texas v. Davis.
On Tuesday morning, the justices heard oral argument in Department of Commerce v. New York. On Tuesday afternoon, they heard argument in Mitchell v. Wisconsin and Rehaif v. United States.
On Wednesday, the justices heard oral argument in Quarles v. United States and Taggart v. Lorenzen.
On Friday, the justices meet for their April 26 conference; John Elwood compiles the petitions relisted for this conference.
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- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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Current Relists
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Merits cases granted to date 73

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On March 30, Justice Clarence Thomas spoke with former clerk Brittney Lane Kubisch and Pepperdine University President-elect James Gash at Pepperdine University School of Law. Thomas told the audience that he had no plans to retire from the Supreme Court.

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

Herrera v. Wyoming

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award