Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-227 | 1st Cir. |
Apr 24, 2023 |
Jun 15, 2023 | 8-1 | Jackson | OT 2022 |
Holding: The Bankruptcy Code unequivocally abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.
Judgment: Affirmed, 8-1, in an opinion by Justice Jackson on June 15, 2023. Justice Thomas filed an opinion concurring in the judgment. Justice Gorsuch filed a dissenting opinion.
SCOTUSblog Coverage
- Justices reject tribal immunity from bankruptcy stay (Ronald Mann, June 15, 2023)
- Justices dubious of creating “extra-special super-super clear statement rule” to exempt tribes from obligation to respect bankruptcy process (Ronald Mann, April 25, 2023)
- Justices to consider tribal immunity from bankruptcy process (Ronald Mann, April 20, 2023)
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Court grants review in new batch of cases, including dispute on religious rights of employees (Amy Howe, January 13, 2023)
- Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more (John Elwood, January 11, 2023)
| Date | Proceedings and Orders |
|---|---|
| Jul 08 2022 | Application (22A23) to extend the time to file a petition for a writ of certiorari from August 4, 2022 to September 8, 2022, submitted to The Chief Justice. |
| Jul 13 2022 | Application (22A23) granted by The Chief Justice extending the time to file until September 8, 2022. |
| Sep 08 2022 | Petition for a writ of certiorari filed. (Response due October 12, 2022) |
| Oct 04 2022 | Motion to extend the time to file a response from October 12, 2022 to November 11, 2022, submitted to The Clerk. |
| Oct 05 2022 | Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2022. See Rule 30.1. |
| Oct 12 2022 | Brief amici curiae of Professors of Federal Indian Law filed. |
| Oct 12 2022 | Brief amicus curiae of Native American Financial Services Association filed. |
| Nov 08 2022 | Brief of respondent Brian W. Coughlin in opposition filed. |
| Nov 22 2022 | Reply of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed. |
| Nov 30 2022 | DISTRIBUTED for Conference of 1/6/2023. |
| Jan 09 2023 | DISTRIBUTED for Conference of 1/13/2023. |
| Jan 13 2023 | Petition GRANTED. |
| Jan 31 2023 | SET FOR ARGUMENT on Monday, April 24, 2023. |
| Feb 08 2023 | Record requested from the U.S.C.A.-1st Circuit. |
| Feb 16 2023 | All records from the U.S.C.A.-1st Circuit are available on PACER. Record request was transmitted to the Massachusetts Bankruptcy Court for response. |
| Feb 16 2023 | Motion to dispense with printing the joint appendix filed by petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. |
| Feb 22 2023 | Brief of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed. |
| Mar 01 2023 | Brief amici curiae of The Navajo Nation, et al. filed. |
| Mar 01 2023 | Brief amici curiae of Indian Law Professors filed. |
| Mar 06 2023 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Mar 10 2023 | All records from the Massachusetts Bankruptcy Court are available on PACER. |
| Mar 24 2023 | CIRCULATED |
| Mar 24 2023 | Brief of respondent Brian W. Coughlin filed. (Distributed) |
| Mar 30 2023 | Brief amici curiae of Public Citizen, et al. filed. (Distributed) |
| Mar 30 2023 | Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed) |
| Mar 31 2023 | Brief amicus curiae of United States filed. (Distributed) |
| Mar 31 2023 | Brief amicus curiae of Separation of Powers Clinic filed. (Distributed) |
| Mar 31 2023 | Brief amici curiae of NACBA, et al. filed. (Distributed) |
| Mar 31 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Apr 13 2023 | Reply of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed. (Distributed) |
| Apr 14 2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Apr 24 2023 | Argued. For petitioners: Pratik A. Shah, Washington, D. C. For respondent: Gregory G. Rapawy, Washington, D. C.; and Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jun 15 2023 | Adjudged to be AFFIRMED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Gorsuch, J., filed a dissenting opinion. |
| Jul 17 2023 | Judgment issued. |
