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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

Town of Vernon, New York v. United States

Petition for certiorari denied on November 27, 2017

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
17-8 2d Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether a tribe that opted out of the Indian Reorganization Act can revive its status under that Act through the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not hold land in a trust for that tribe at the time the tribe sought a land-in-trust acquisition; (2) whether the land-in-trust provision of the Indian Reorganization Act, 25 U.S.C. § 5108, exceeds Congress' authority under the Indian commerce clause, Art. I § 8, cl. 3; (3) whether 25 U.S.C. § 5108's standardless delegation of authority to acquire land “for Indians” is an unconstitutional delegation of legislative power; and (4) whether the federal government's control over state land must be categorically exclusive for the enclave clause, Art. I § 8, cl. 17, to prohibit the removal of that land from state jurisdiction.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 13 2017Application (16A982) to extend the time to file a petition for a writ of certiorari from April 27, 2017 to May 26, 2017, submitted to Justice Ginsburg.
Apr 17 2017Application (16A982) granted by Justice Ginsburg extending the time to file until May 26, 2017.
May 10 2017Application (16A982) to extend further the time from May 26, 2017 to June 26, 2017, submitted to Justice Ginsburg.
May 15 2017Application (16A982) granted by Justice Ginsburg extending the time to file until June 26, 2017.
Jun 23 2017Petition for a writ of certiorari filed. (Response due July 27, 2017)
Jul 19 2017Blanket Consent filed by Petitioner, The Town of Vernon on 08/10/2017
Jul 21 2017Brief amicus curiae of Citizens Equal Rights Foundation filed.
Jul 24 2017Order extending time to file response to petition to and including August 28, 2017.
Aug 28 2017Brief of respondents United States, et al. in opposition filed.
Sep 13 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 03 2017Rescheduled.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 11 2017Rescheduled.
Oct 23 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 24 2017Rescheduled.
Oct 30 2017DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017DISTRIBUTED for Conference of 11/9/2017.
Nov 13 2017DISTRIBUTED for Conference of 11/21/2017.
Nov 27 2017Petition DENIED Justice Thomas, dissenting from the denials of certiorari. (Detached Opinion)
 
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