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McGirt v. Oklahoma

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Docket No. Op. Below Argument Opinion Vote Author Term
18-9526 Okla. Crim. App. May 11, 2020 Jul 9, 2020 5-4 Gorsuch OT 2019

Holding: For purposes of the Major Crimes Act, land throughout much of eastern Oklahoma reserved for the Creek Nation since the 19th century remains a Native American territory.

Judgment: Reversed, 5-4, in an opinion by Justice Gorsuch on July 9, 2020. Justice Roberts filed a dissenting opinion, in which Justices Alito and Kavanaugh joined, and in which Justice Thomas joined except as to footnote 9. Justice Thomas filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 17 2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019)
Jul 08 2019Blanket Consent filed by Petitioner, Jimcy McGirt.
Jul 18 2019DISTRIBUTED for Conference of 10/1/2019.
Jul 19 2019Response Requested. (Due August 19, 2019)
Aug 19 2019Brief of respondent Oklahoma in opposition filed.
Sep 05 2019DISTRIBUTED for Conference of 10/1/2019.
Oct 07 2019DISTRIBUTED for Conference of 10/11/2019.
Oct 15 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 28 2019DISTRIBUTED for Conference of 11/1/2019.
Nov 04 2019DISTRIBUTED for Conference of 11/8/2019.
Nov 12 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 18 2019DISTRIBUTED for Conference of 11/22/2019.
Dec 02 2019DISTRIBUTED for Conference of 12/6/2019.
Dec 09 2019DISTRIBUTED for Conference of 12/13/2019.
Dec 13 2019Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Dec 13 2019Letter regarding appearance of counsel filed.
Dec 16 2019Motion to appoint counsel filed by petitioner Jimcy McGirt.
Jan 03 2020Motion for an extension of time to file the briefs on the merits filed.
Jan 07 2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including February 4, 2020. The time to file respondent's brief on the merits is extended to and including March 13, 2020.
Jan 08 2020Motion to appoint counsel DISTRIBUTED for Conference of 1/24/2020.
Jan 17 2020Blanket Consent filed by Petitioner, Jimcy McGirt.
Jan 21 2020Blanket Consent filed by Respondent, Oklahoma
Jan 27 2020Motion to appoint counsel GRANTED, and Ian H. Gershengorn, Esq., of Washington, D.C., is appointed to serve as counsel for petitioner.
Jan 27 2020Application (19A861) of the Solicitor General and the Muscogee Creek Nation to file briefs as amicus curiae in excess of the word limit, submitted to Justice Sotomayor.
Jan 27 2020Motion to dispense with printing the joint appendix filed by petitioner Jimcy McGirt.
Feb 04 2020Application (19A861) of the Solicitor General and the Muscogee Creek Nation to file briefs as amicus curiae in excess of the word limit is granted by Justice Sotomayor provided that the briefs do not exceed 11,000 words each.
Feb 04 2020Brief of petitioner Jimcy McGirt filed (with separate appendix).
Feb 11 2020Brief amici curiae of Tom Cole, et al. filed.
Feb 11 2020Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Feb 11 2020Brief amici curiae of Former United States Attorneys Troy A. Eid, et al. filed.
Feb 11 2020Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Feb 11 2020Brief amicus curiae of National Congress of American Indians Fund filed.
Feb 11 2020Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed.
Feb 11 2020Brief amicus curiae of Muscogee (Creek) Nation filed.
Feb 21 2020SET FOR ARGUMENT on Tuesday, April 21, 2020.
Feb 24 2020Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 26 2020Record requested from the Court of Criminal Appeals of Oklahoma..
Feb 26 2020The record received from the Court of Criminal Appeals of Oklahoma, the record has been electronically filed.
Mar 09 2020Record received from the U.S.D.C. Wagoner County of Oklahoma. (1-Box)
Mar 09 2020Brief amici curiae of Seventeen Oklahoma District Attorneys, et al. filed.
Mar 13 2020Brief of respondent Oklahoma filed.
Mar 19 2020CIRCULATED
Mar 20 2020Brief amicus curiae of City of Tulsa filed. (Distributed)
Mar 20 2020Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. (Distributed)
Mar 20 2020Brief amicus curiae of United States filed. (Distributed)
Mar 20 2020Brief amici curiae of States of Kansas, et al. filed. (Distributed)
Mar 20 2020Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed)
Mar 20 2020Joint motion of the parties, Muscogee (Creek) Nation, and the Solicitor General for enlargement of time for oral argument and for divided argument filed.
Mar 30 2020Joint motion of the parties, Muscogee (Creek) Nation, and the Solicitor General for enlargement of time for oral argument and for divided argument granted in part, and the time is divided as follows: 15 minutes for the petitioner, 15 minutes for Muscogee (Creek) Nation, 15 minutes for the respondent, and 15 minutes for the Solicitor General.
Apr 03 2020ORAL ARGUMENT POSTPONED.
Apr 10 2020Reply of petitioner Jimcy McGirt filed. (Distributed)
Apr 13 2020Argument to be rescheduled for May 2020.
Apr 15 2020RESCHEDULED FOR ARGUMENT on Monday, May 11, 2020.
May 11 2020Argued. For petitioner: Ian H. Gershengorn, Washington, D. C.; and Riyaz A. Kanji, Ann Arbor, Mich. (for Muscogee (Creek) Nation, as amicus curiae.) For respondent: Mithun Mansinghani, Solicitor General, Oklahoma City, Okla.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jul 09 2020Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Alito and Kavanaugh, JJ., joined, and in which Thomas, J., joined except as to footnote 9. Thomas, J., filed a dissenting opinion.
Aug 10 2020MANDATE ISSUED.
Aug 10 2020JUDGMENT ISSUED.