Herrera v. Wyoming

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-532	Wyo. Dist.	Jan 8, 2019	May 20, 2019	5-4	Sotomayor	OT 2018

Holding: Wyoming"s statehood did not abrogate the Crow Tribe"s 1868 federal treaty right to hunt on the "unoccupied lands of the United States"; the lands of the Bighorn National Forest did not become categorically "occupied" when the forest was created.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Sotomayor on May 20, 2019. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined.

SCOTUSblog Coverage

Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe's treaty hunting right (Gregory Ablavsky, May 20, 2019)
OT2018 #15: "Second Best Opinion" (First Mondays, January 21, 2019)
OT2018 #14: "Decent Take" (First Mondays, January 14, 2019)
Argument analysis: Justices grapple with preclusion and "occupation" in Crow Tribe treaty case (Gregory Ablavsky, January 9, 2019)
Argument preview: Tribes, treaties and animals return to the Supreme Court (Gregory Ablavsky, January 2, 2019)

Date	Proceedings and Orders (key to color coding)
08/07/2017	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.
08/09/2017	Application (17A158) granted by Justice Sotomayor extending the time to file until October 5, 2017.
10/05/2017	Petition for a writ of certiorari filed. (Response due November 9, 2017)
10/12/2017	Blanket Consent filed by Petitioner, Clayvin Herrera
10/24/2017	Blanket Consent filed by Respondent, Wyoming
11/08/2017	Brief amici curiae of Indian Law Professors filed.
11/09/2017	Brief of respondent Wyoming in opposition filed.
11/09/2017	Brief amicus curiae of Crow Tribe of Indians filed.
11/09/2017	Brief amici curiae of Timothy P. McCleary, et al. filed.
11/28/2017	Reply of petitioner Clayvin Herrera filed.
11/29/2017	DISTRIBUTED for Conference of 1/5/2018.
01/08/2018	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
05/22/2018	Brief amicus curiae of United States filed.
06/05/2018	DISTRIBUTED for Conference of 6/21/2018.
06/05/2018	Supplemental brief of petitioner Clayvin Herrera filed. (Distributed)
06/05/2018	Supplemental brief of respondent Wyoming filed. (Distributed)
06/27/2018	DISTRIBUTED for Conference of 6/27/2018.
06/28/2018	Petition GRANTED.
07/30/2018	Motion for an extension of time to file the opening briefs on the merits filed.
07/31/2018	Blanket Consent filed by Petitioner, Clayvin Herrera.
08/02/2018	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.
08/27/2018	Blanket Consent filed by Respondent, State of Wyoming
09/04/2018	Joint appendix filed.
09/04/2018	Brief of petitioner Clayvin Herrera filed.
09/10/2018	Brief amicus curiae of Eastern Shoshone Tribe filed.
09/11/2018	Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed.
09/11/2018	Brief amici curiae of Shoshone-Bannock Tribes of the Fort Hall Reservation filed.
09/11/2018	Brief amicus curiae of United States filed.
09/11/2018	Brief amici curiae of Natural Resources Law Professors filed.
09/11/2018	Brief amici curiae of Pacific and Inland Northwest Treaty Tribes filed.
09/11/2018	Brief amici curiae of Timothy P. McCleary, et al. filed.
09/11/2018	Brief amicus curiae of Crow Tribe of Indians filed.
09/11/2018	Brief amici curiae of National Congress of American Indians, et al. filed.
09/11/2018	Brief amici curiae of Indian Law Professors filed.
10/03/2018	Motion of Clayvin Herrera for an extension of time not accepted for filing. (Corrected motion submitted - October 12, 2018)
10/11/2018	Motion for a further extension of time to file respondent's brief on the merits filed.
10/12/2018	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.
11/13/2018	Brief of respondent Wyoming filed.
11/15/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
11/20/2018	Brief amici curiae of Western Association of Fish and Wildlife Agencies, et al. filed.
11/20/2018	Brief amici curiae of States of Nebraska, Kansas, Louisiana, North Dakota, South Dakota, and Texas filed.
11/20/2018	Brief amicus curiae of Association of Fish and Wildlife Agencies filed.
11/20/2018	Brief amici curiae of Wyoming Stock Growers Association, et al. filed.
11/20/2018	Brief amicus curiae of Safari Club International filed.
11/20/2018	Brief amici curiae of Citzen Equal Rights Foundation, Mille Lacs Equal Rights Foundation, City of Wakhon, Minnesota filed.
11/28/2018	SET FOR ARGUMENT ON Tuesday, January 8, 2019
11/30/2018	CIRCULATED
12/03/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
12/11/2018	Record requested from U.S.D.C. Wyoming, Sheridan County.
12/13/2018	Reply of petitioner Clayvin Herrera filed. (Distributed)
12/27/2018	Record from the District Court Wyoming, Sheridan County received (2 boxes).
01/08/2019	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.
05/20/2019	Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined.
06/24/2019	Record from District Court Wyoming, Sheridan County was returned.