|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|14-510||D.C. Cir.||Dec 1, 2015||Jan 25, 2016||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 January 25, 2016.
|Date||Proceedings and Orders |
|Nov 3 2014||Petition for a writ of certiorari filed. (Response due December 4, 2014)|
|Dec 8 2014||Order extending time to file response to petition to and including January 5, 2015.|
|Jan 5 2015||Order further extending time to file response to petition to and including February 4, 2015.|
|Feb 2 2015||Order further extending time to file response to petition to and including March 6, 2015.|
|Mar 4 2015||Order further extending time to file response to petition to and including April 6, 2015.|
|Mar 31 2015||Order further extending time to file response to petition to and including May 12, 2015.|
|May 8 2015||Order further extending time to file response to petition to and including May 26, 2015.|
|May 26 2015||Brief of respondents United States, et al. filed.|
|Jun 9 2015||DISTRIBUTED for Conference of June 25, 2015.|
|Jun 25 2015||DISTRIBUTED for Conference of June 29, 2015.|
|Jun 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?|
|Jul 29 2015||The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 2, 2015.|
|Jul 29 2015||The time to file respondents' brief on the merits is extended to and including October 21, 2015.|
|Sep 2 2015||Joint appendix filed (statement of costs filed).|
|Sep 2 2015||Brief of petitioner Menominee Indian Tribe of Wisconsin filed.|
|Sep 9 2015||Brief amicus curiae of National Congress of American Indians filed.|
|Oct 9 2015||SET FOR ARGUMENT on Tuesday, December 1, 2015|
|Oct 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.|
|Oct 19 2015||Record requested from U.S.C.A. District of Columbia Circuit.|
|Oct 21 2015||Brief of respondents United States, et al. filed.|
|Oct 27 2015||CIRCULATED|
|Nov 19 2015||Reply of petitioner Menominee Indian Tribe of Wisconsin filed. (Distributed)|
|Dec 1 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.|
|Jan 25 2016||Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.|
|Feb 26 2016||Judgment Issued|
As a lawyer, Leondra Kruger argued 12 cases at the U.S. Supreme Court. As a California Supreme Court justice, she has a liberal-leaning record but has sometimes voted with more conservative colleagues in divided cases. Here's @AHoweBlogger's profile:
Profile of a potential nominee: Leondra Kruger - SCOTUSblog
During a 2020 Democratic presidential primary debate, then-candidate Joe Biden pledged that, if elected, he would nomi...
Two candidates to replace Breyer stand apart: Leondra Kruger and Ketanji Brown Jackson. Kruger is six years younger. Jackson recently underwent a Senate confirmation. And the role of Ron Klain, Biden's chief of staff, may be pivotal.
How Biden will choose the next Supreme Court nominee - SCOTUSblog
With today’s reporting that Justice Stephen Breyer intends to retire, we now kick off our analysis of potentia...
Stephen Breyer wrote major opinions favoring abortion rights, demarcating the separation of powers, and rejecting a challenge to Obamacare. In his later years, he questioned the constitutionality of the death penalty. Our retrospective, via @AHoweBlogger:
Stephen Breyer, pragmatic liberal, will retire at end of term - SCOTUSblog
Justice Stephen Breyer, a devoted pragmatist and the senior member of the Supreme Court’s liberal wing, will r...
BREAKING: Per @PeteWilliamsNBC of @NBCNews, Justice Stephen Breyer is retiring. The 83-year-old Breyer, a pragmatic liberal who has served on the Supreme Court for nearly 28 years, is expected to tell the White House imminently of his intention to step down.
NEWS: Supreme Court Justice Breyer to retire, @PeteWilliamsNBC reporting live on @NBCNews Special Report
A rule that allows SCOTUS to hear cases before appeals courts weigh in used to be very rare. But in the past three years, it's become far more common. And the justices haven't said why.
@steve_vladeck explains the resurgent writ of "cert before judgment."
The rise of certiorari before judgment - SCOTUSblog
For obvious reasons, the Supreme Court’s decision on Monday to grant certiorari in a pair of cases challenging...
Sonia Sotomayor appeared this morning on @TODAYshow to promote her new children's book, "Just Help!: How to Build a Better World." She spoke briefly about the public's perception of the court. Here's the interview: https://www.today.com/video/justice-sotomayor-on-new-book-supreme-court-s-credibility-loss-of-her-mother-131639365722