Michigan v. Bay Mills Indian Community

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 Tr.Aud.	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.

Opinion analysis: Michigan draws a bottom pair, but Indian Country does not have a straight flush (Markham Erickson)
Opinion details: Victory for Native American tribes . . . for now? (Amy Howe)
Argument preview: A tale of two sovereigns (Markham Erickson)
Solicitor General files invitation briefs for June 13 Conference (Amy Howe)
Stem cell dispute near end? (FINAL UPDATE) (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Oct 23 2012	Petition for a writ of certiorari filed. (Response due November 26, 2012)
Nov 3 2012	Waiver of right of respondent Little Traverse Bay Bands of Odawa Indians to respond filed.
Nov 26 2012	Brief of respondent Bay Mills Indian Community in opposition filed.
Dec 6 2012	Reply of petitioner Michigan filed.
Dec 12 2012	DISTRIBUTED for Conference of January 4, 2013.
Jan 7 2013	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 14 2013	Brief amicus curiae of United States filed.
May 24 2013	Supplemental brief of petitioner Michigan filed.
May 28 2013	DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013	DISTRIBUTED for Conference of June 20, 2013.
Jun 24 2013	Petition GRANTED.
Jul 26 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2013.
Jul 26 2013	The time to file respondent's brief on the merits is extended to and including October 24, 2013.
Aug 30 2013	Joint appendix filed. (Statement of costs filed)
Aug 30 2013	Brief of petitioner Michigan filed.
Sep 6 2013	Brief amicus curiae of State of Oklahoma filed.
Sep 6 2013	Brief amici curiae of Alabama, et al. filed.
Sep 17 2013	SET FOR ARGUMENT ON Monday, December 2, 2013.
Sep 17 2013	CIRCULATED
Sep 19 2013	Record from U.S.C.A. for 6th Circuit is electronic (Not on PACER).
Sep 19 2013	Record from U.S.D.C. for Western District of Michigan is electronic and located on PACER.
Oct 17 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Oct 22 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Oct 24 2013	Brief of respondent Bay Mills Indian Community filed. (Distributed)
Oct 24 2013	Letter 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 2013	Brief amicus curiae of United States filed. (Distributed)
Oct 31 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 31 2013	Brief amici curiae of National Congress of American Indians, et al. filed. (Distributed)
Oct 31 2013	Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed)
Oct 31 2013	Brief amici curiae of Scholars of American Indian Law filed. (Distributed)
Nov 5 2013	Consent 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 2013	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 22 2013	Reply of petitioner Michigan filed. (Distributed)
Dec 2 2013	Argued. 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 2014	Judgment 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 2014	JUDGMENT ISSUED.

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On Monday, the justices released their opinions in Mission Product Holdings Inc. v. Tempnology, LLC, Herrera v. Wyoming and Merck Sharp & Dohme Corp. v. Albrecht.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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- Box v. Planned Parenthood of Indiana and Kentucky Inc. (1) Whether a state may require health-care facilities to dispose of fetal remains in the same manner as other human remains, i.e., by burial or cremation; and (2) whether a state may prohibit abortions motivated solely by the race, sex or disability of the fetus and require abortion doctors to inform patients of the prohibition.
- Box v. Planned Parenthood of Indiana and Kentucky Inc. Whether a state, consistent with the 14th Amendment, may require an ultrasound as part of informed consent at least 18 hours before an abortion.
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Summary reversals 4

Merits cases granted to date 73

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Cases argued	70
Cases decided	32
Summary reversals	4
Merits cases granted to date	73

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