McGirt v. Oklahoma
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| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 18-9526 | Okla. Crim. App. |
May 11, 2020 Tr.Aud. |
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
- Invisible majorities: Counting to nine votes in per curiam cases (Josh Blackman)
- Opinion analysis: Justices toe hard line in affirming reservation status for eastern Oklahoma (Ronald Mann)
- Live blog of opinions (Update: Completed) (Kalvis Golde)
- Argument analysis: For the second time in two terms, justices consider reservation status of eastern Oklahoma (Ronald Mann)
- Educational seminar: Debrief of McGirt v. Oklahoma (Katie Bart)
- Educational seminar: Preview of McGirt v. Oklahoma (Katie Bart)
- Argument preview: Justices to hear second set of arguments on reservation status of eastern Oklahoma (Ronald Mann)
- Court sets cases for May telephone arguments, will make live audio available (Amy Howe)
- Court releases April calendar (Amy Howe)
- Justices to take up battle over Trump financial documents (Amy Howe)
- Relist Watch (John Elwood)
- Relist Watch (John Elwood)
- Relist Watch (John Elwood)
- Relist Watch (John Elwood)
- Relist Watch (John Elwood)
- Relist Watch (John Elwood)
- The return of Relist Watch Select (John Elwood)
- Relist Watch (John Elwood)
| Date | Proceedings and Orders |
|---|---|
| Apr 17 2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019) |
| Jul 08 2019 | Blanket Consent filed by Petitioner, Jimcy McGirt. |
| Jul 18 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Jul 19 2019 | Response Requested. (Due August 19, 2019) |
| Aug 19 2019 | Brief of respondent Oklahoma in opposition filed. |
| Sep 05 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Oct 07 2019 | DISTRIBUTED for Conference of 10/11/2019. |
| Oct 15 2019 | DISTRIBUTED for Conference of 10/18/2019. |
| Oct 28 2019 | DISTRIBUTED for Conference of 11/1/2019. |
| Nov 04 2019 | DISTRIBUTED for Conference of 11/8/2019. |
| Nov 12 2019 | DISTRIBUTED for Conference of 11/15/2019. |
| Nov 18 2019 | DISTRIBUTED for Conference of 11/22/2019. |
| Dec 02 2019 | DISTRIBUTED for Conference of 12/6/2019. |
| Dec 09 2019 | DISTRIBUTED for Conference of 12/13/2019. |
| Dec 13 2019 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Dec 13 2019 | Letter regarding appearance of counsel filed. |
| Dec 16 2019 | Motion to appoint counsel filed by petitioner Jimcy McGirt. |
| Jan 03 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Jan 07 2020 | Motion 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 2020 | Motion to appoint counsel DISTRIBUTED for Conference of 1/24/2020. |
| Jan 17 2020 | Blanket Consent filed by Petitioner, Jimcy McGirt. |
| Jan 21 2020 | Blanket Consent filed by Respondent, Oklahoma |
| Jan 27 2020 | Motion to appoint counsel GRANTED, and Ian H. Gershengorn, Esq., of Washington, D.C., is appointed to serve as counsel for petitioner. |
| Jan 27 2020 | Application (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 2020 | Motion to dispense with printing the joint appendix filed by petitioner Jimcy McGirt. |
| Feb 04 2020 | Application (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 2020 | Brief of petitioner Jimcy McGirt filed (with separate appendix). |
| Feb 11 2020 | Brief amici curiae of Tom Cole, et al. filed. |
| Feb 11 2020 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| Feb 11 2020 | Brief amici curiae of Former United States Attorneys Troy A. Eid, et al. filed. |
| Feb 11 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Feb 11 2020 | Brief amicus curiae of National Congress of American Indians Fund filed. |
| Feb 11 2020 | Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed. |
| Feb 11 2020 | Brief amicus curiae of Muscogee (Creek) Nation filed. |
| Feb 21 2020 | SET FOR ARGUMENT on Tuesday, April 21, 2020. |
| Feb 24 2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Feb 26 2020 | Record requested from the Court of Criminal Appeals of Oklahoma.. |
| Feb 26 2020 | The record received from the Court of Criminal Appeals of Oklahoma, the record has been electronically filed. |
| Mar 09 2020 | Record received from the U.S.D.C. Wagoner County of Oklahoma. (1-Box) |
| Mar 09 2020 | Brief amici curiae of Seventeen Oklahoma District Attorneys, et al. filed. |
| Mar 13 2020 | Brief of respondent Oklahoma filed. |
| Mar 19 2020 | CIRCULATED |
| Mar 20 2020 | Brief amicus curiae of City of Tulsa filed. (Distributed) |
| Mar 20 2020 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. (Distributed) |
| Mar 20 2020 | Brief amicus curiae of United States filed. (Distributed) |
| Mar 20 2020 | Brief amici curiae of States of Kansas, et al. filed. (Distributed) |
| Mar 20 2020 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed) |
| Mar 20 2020 | Joint 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 2020 | Joint 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 2020 | ORAL ARGUMENT POSTPONED. |
| Apr 10 2020 | Reply of petitioner Jimcy McGirt filed. (Distributed) |
| Apr 13 2020 | Argument to be rescheduled for May 2020. |
| Apr 15 2020 | RESCHEDULED FOR ARGUMENT on Monday, May 11, 2020. |
| May 11 2020 | Argued. 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 2020 | Judgment 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 2020 | MANDATE ISSUED. |
| Aug 10 2020 | JUDGMENT ISSUED. |
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