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Texas v. Haaland

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-378 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether Congress has the power under the Indian commerce clause or otherwise to enact laws governing state child-custody proceedings merely because the child is or may be an Indian; (2) whether the Indian classifications used in the Indian Child Welfare Act and its implementing regulations violate the Fifth Amendment’s equal-protection guarantee; (3) whether ICWA and its implementing regulations violate the anticommandeering doctrine by requiring states to implement Congress’s child-custody regime; and (4) whether ICWA and its implementing regulations violate the nondelegation doctrine by allowing individual tribes to alter the placement preferences enacted by Congress.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 03 2021Petition for a writ of certiorari filed. (Response due October 8, 2021)
Sep 24 2021Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
Sep 27 2021Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents.
Oct 04 2021Brief amicus curiae of Ohio filed.
Oct 05 2021Brief amicus curiae of Project on Fair Representation filed.
Oct 08 2021Brief amici curiae of Christian Alliance for Indian Child Welfare and ICWA Children and Families filed. VIDED.
Oct 08 2021Brief amici curiae of Goldwater Institute, et al. filed.