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Michigan v. Bay Mills Indian Community

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Docket No. Op. Below Argument Opinion Vote Author Term
12-515 6th Cir. Dec 2, 2013 May 27, 2014 5-4 Kagan OT 2013

Holding: Michigan's suit against the Bay Mills Indian Community to enjoin the tribe from operating a gaming facility on non-Indian lands is barred by tribal sovereign immunity.

Judgment: Affirmed and remanded, 5-4, in an opinion by Justice Kagan on May 27, 2014. Justice Sotomayor filed a concurring opinion. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia, Justice Ginsburg, and Justice Alito joined. Justice Ginsburg filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 23 2012Petition for a writ of certiorari filed. (Response due November 26, 2012)
Nov 3 2012Waiver of right of respondent Little Traverse Bay Bands of Odawa Indians to respond filed.
Nov 26 2012Brief of respondent Bay Mills Indian Community in opposition filed.
Dec 6 2012Reply of petitioner Michigan filed.
Dec 12 2012DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 14 2013Brief amicus curiae of United States filed.
May 24 2013Supplemental brief of petitioner Michigan filed.
May 28 2013DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013Petition GRANTED.
Jul 26 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2013.
Jul 26 2013The time to file respondent's brief on the merits is extended to and including October 24, 2013.
Aug 30 2013Joint appendix filed. (Statement of costs filed)
Aug 30 2013Brief of petitioner Michigan filed.
Sep 6 2013Brief amicus curiae of State of Oklahoma filed.
Sep 6 2013Brief amici curiae of Alabama, et al. filed.
Sep 17 2013SET FOR ARGUMENT ON Monday, December 2, 2013.
Sep 17 2013CIRCULATED
Sep 19 2013Record from U.S.C.A. for 6th Circuit is electronic (Not on PACER).
Sep 19 2013Record from U.S.D.C. for Western District of Michigan is electronic and located on PACER.
Oct 17 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Oct 22 2013Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Oct 24 2013Brief of respondent Bay Mills Indian Community filed. (Distributed)
Oct 24 2013Letter proposing a lodging of a copy of arguments and decision in the Supreme Court of the District of Columbia in Chadick v. Duncan, No.15,317 (D.C. March 2, 1894) received from counsel for the respondent. (Distributed)
Oct 31 2013Brief amicus curiae of United States filed. (Distributed)
Oct 31 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 31 2013Brief amici curiae of National Congress of American Indians, et al. filed. (Distributed)
Oct 31 2013Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed)
Oct 31 2013Brief amici curiae of Scholars of American Indian Law filed. (Distributed)
Nov 5 2013Consent to the filing of amicus curiae briefs in support of either party or neither party received from respondent Little Traverse Bay Bands of Odawa Indians.
Nov 18 2013Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 22 2013Reply of petitioner Michigan filed. (Distributed)
Dec 2 2013Argued. For petitioner: John J. Bursch, Michigan Solicitor General, Lansing, Mich. For respondents: Neal Kumar Katyal, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 27 2014Judgment is affirmed and case remanded. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Sotomayor, JJ., joined. Sotomayor, J., filed a concurring opinion. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Scalia, Ginsburg, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion.
Jun 30 2014JUDGMENT ISSUED.