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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 #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 respondent Wyoming filed. (Distributed)
Jun 05 2018	Supplemental brief of petitioner Clayvin Herrera 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	Brief of petitioner Clayvin Herrera filed.
Sep 04 2018	Joint appendix filed.
Sep 10 2018	Brief amicus curiae of Eastern Shoshone Tribe filed.
Sep 11 2018	Brief amici curiae of Indian Law Professors filed.
Sep 11 2018	Brief amici curiae of Natural Resources Law Professors 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 National Congress of American Indians, et al. filed.
Sep 11 2018	Brief amici curiae of Pacific and Inland Northwest Treaty Tribes filed.
Sep 11 2018	Brief amici curiae of Shoshone-Bannock Tribes of the Fort Hall Reservation 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 amicus curiae of United States 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 Wyoming Stock Growers Association, et al. filed.
Nov 20 2018	Brief amicus curiae of Association of Fish and Wildlife Agencies 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 amici curiae of Citzen Equal Rights Foundation, Mille Lacs Equal Rights Foundation, City of Wakhon, Minnesota filed.
Nov 20 2018	Brief amicus curiae of Safari Club International 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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Merits cases granted to date 73

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Jan. 2019

Su	Mo	Tu	We	Th	Fr	Sa
		1 Holiday	2	3	4 Conference	5
6	7 Orders MERCK SHARP & DOHME CORP. V. ALBRECHT (17-290) OBDUSKEY V. MCCARTHY & HOLTHUS LLP (17-1307)	8 HERRERA V. WYOMING (17-532) FOURTH ESTATE PUBLIC BENEFIT CORP. V. WALL-STREET.COM, LLC (17-571) Opinions	9 FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT (17-1299)	10	11 Conference	12
13	14 Orders THACKER V. TENNESSEE VALLEY AUTHORITY (17-1201) RIMINI STREET INC. V. ORACLE USA INC. (17-1625)	15 HOME DEPOT U.S.A. INC. V. JACKSON (17-1471) AZAR V. ALLINA HEALTH SERVICES (17-1484) Opinions	16 KNICK V. TOWNSHIP OF SCOTT, PENNSYLVANIA (17-647) TENNESSEE WINE AND SPIRITS RETAILERS ASSOCIATION V. BLAIR (18-96)	17	18 Conference	19
20	21 Holiday	22 Orders Opinions	23	24	25	26
27	28	29	30	31

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Editor's Note :

Herrera v. Wyoming

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Challengers urge justices to dismiss census case after district court ruling (Updated) – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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Conference of January 18, 2019

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

Webby Award