|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|11-246||D.C. Cir.||Apr 24, 2012||Jun 18, 2012||8-1||Kagan||OT 2011|
Holding: The federal government has waived its sovereign immunity from the respondent’s suit under the Administrative Procedure Act, in which he alleges that Section 465 of the Indian Reorganization Act did not authorize the Secretary of the Interior to acquire into trust property that the Band intended to use for “gaming purposes” because the Band was not a federally recognized tribe when the Indian Reorganization Act was enacted in 1934. Moreover, the respondent has prudential standing to challenge the Secretary’s acquisition of the land in question.
Plain English Summary: In this case, the federal government took certain land into trust for an Indian tribe, which means that it took ownership of the land to allow the tribe to use it. The tribe planned to build a casino on the land. The Supreme Court held that a neighbor could sue the government to stop the casino project on the ground that the law did not permit the government to take the land into trust for this particular tribe.
Judgment: Affirmed, 8-1, in an opinion by Justice Kagan on June 18, 2012. Justice Sotomayor filed a dissenting opinion.
Merits Briefs for the Petitioners
Amicus Briefs in Support of the Petitioners
Merits Briefs for the Respondents
The court has rescheduled oral argument in Shinn v. Ramirez, an important case involving habeas rights and the death penalty, for Dec. 8.
#SCOTUS also issues revised December argument calendar, adding Shinn v. Ramirez (moved to December from November to accommodate Texas cases) on Dec. 8: https://www.scotusblog.com/wp-content/uploads/2021/10/10-26-21-Amended-DEC-2021-Monthly-Argument-Session-Calendar.pdf
#SCOTUS issues order on divided argument in next week's Texas abortion cases, allows Texas to file one consolidated (but oversized) brief for both cases: https://www.supremecourt.gov/orders/courtorders/102621zr_o7jp.pdf
Happening now outside SCOTUS: Several dozens supporters of expanding the size of the court are holding a rally. Speakers include Sen. Ed Markey, Sen. Tina Smith, and Rep. Mondaire Jones.
On Friday, the Supreme Court moved the Texas abortion litigation off the shadow docket and onto the "rocket docket." @maryrziegler explains how the expedited schedule is an important shift from how the court initially handled the issue in early September.
Supreme speed: The court puts abortion on the rocket docket - SCOTUSblog
Mary Ziegler is a law professor at Florida State University and the author of Abortion and the Law in America: ...
The court has adjusted its November argument schedule to reflect the accelerated consideration of the Texas abortion law.
#SCOTUS issues new oral argument calendar for November in light of today's orders scheduling Texas abortion cases for Nov. 1. Ramirez v. Collier, originally scheduled for Nov. 1, is now set for Nov. 9; Shinn v. Ramirez, originally set for Nov. 1, will be argued in December.
We've got two ways to catch up on what the Supreme Court did today on the Texas anti-abortion law.
For prose lovers, here's @AHoweBlogger's story: https://www.scotusblog.com/2021/10/court-wont-block-texas-abortion-ban-but-fast-tracks-cases-for-argument-on-nov-1/
For the more video-inclined, here's @katieleebarlow's TikTok explainer: