Menominee Indian Tribe of Wisconsin v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-510 | D.C. Cir. | Dec 1, 2015 | May 2, 2025 | 9-0 | Alito | OT 2015 |
Holding: Equitable tolling is not available to preserve contract claims that were not timely presented to a federal contracting officer because there were no extraordinary circumstances beyond the tribe"s control: the tribe had unilateral authority to present its claims in a timely manner, and its claimed obstacles " a mistaken reliance on a putative class action and a belief that presentment was futile " were not outside the tribe"s control.
Judgment: Affirmed, 9-0, in an opinion by Justice Alito on May 2, 2025.
SCOTUSblog Coverage
- Opinion analysis: Justices rebuff tribes claim for equitable tolling in government-contract dispute (Ronald Mann, January 25, 2016)
- SCOTUS for law students: Indian cases at the Court (Stephen Wermiel, January 4, 2016)
- Argument analysis: Justices dubious of tribes claim for equitable tolling in government contract dispute (Ronald Mann, December 2, 2015)
- Argument preview: Justices return to dispute about governments refusal to comply with contracts to support tribes (Ronald Mann, November 24, 2015)
- A new look at race and politics in redistricting (Lyle Denniston, June 30, 2015)
| Date | Proceedings and Orders |
|---|---|
| 11/03/2014 | Petition for a writ of certiorari filed. (Response due December 4, 2014) |
| 12/08/2014 | Order extending time to file response to petition to and including January 5, 2015. |
| 01/05/2015 | Order further extending time to file response to petition to and including February 4, 2015. |
| 02/02/2015 | Order further extending time to file response to petition to and including March 6, 2015. |
| 03/04/2015 | Order further extending time to file response to petition to and including April 6, 2015. |
| 03/31/2015 | Order further extending time to file response to petition to and including May 12, 2015. |
| 05/08/2015 | Order further extending time to file response to petition to and including May 26, 2015. |
| 05/26/2015 | Brief of respondents United States, et al. filed. |
| 06/09/2015 | DISTRIBUTED for Conference of June 25, 2015. |
| 06/25/2015 | DISTRIBUTED for Conference of June 29, 2015. |
| 06/30/2015 | Petition GRANTED limited to the following question: Whether the D. C. Circuit misapplied this Court's Holland decision when it ruled that the Tribe was not entitled to equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act? |
| 07/29/2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 2, 2015. |
| 07/29/2015 | The time to file respondents' brief on the merits is extended to and including October 21, 2015. |
| 09/02/2015 | Joint appendix filed (statement of costs filed). |
| 09/02/2015 | Brief of petitioner Menominee Indian Tribe of Wisconsin filed. |
| 09/09/2015 | Brief amicus curiae of National Congress of American Indians filed. |
| 10/09/2015 | SET FOR ARGUMENT on Tuesday, December 1, 2015 |
| 10/19/2015 | Proposal from respondent to lodge copies of claims filed with the Indian Health Service contracting officer and the related decisions of denial at issue in this case. |
| 10/19/2015 | Record requested from U.S.C.A. District of Columbia Circuit. |
| 10/21/2015 | Brief of respondents United States, et al. filed. |
| 10/27/2015 | CIRCULATED |
| 11/19/2015 | Reply of petitioner Menominee Indian Tribe of Wisconsin filed. (Distributed) |
| 12/01/2015 | Argued. For petitioner: Geoffrey D. Strommer, Portland, Ore. For respondents: Ilana H. Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 01/25/2016 | Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court. |
| 02/26/2016 | Judgment Issued |