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United States v. Cooley
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-1414 | 9th Cir. | Mar 23, 2021 | Jun 1, 2021 | 9-0 | Breyer | OT 2020 |
Holding: A tribal police officer has authority to detain temporarily and to search a non-Native American traveling on a public right-of-way running through a reservation for potential violations of state or federal law.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on June 1, 2021. Justice Alito filed a concurring opinion.
SCOTUSblog Coverage
- Affirmation of inherent tribal power to police blurs civil and criminal Indian law tests (Elizabeth Reese, June 7, 2021)
- Court unanimously holds that Indian tribes retain the inherent power to police non-Indians (Elizabeth Reese, June 1, 2021)
- Court struggles with the “indefensible morass” it’s made in Indian law (Elizabeth Reese, March 26, 2021)
- Tribal police drag messy Indian sovereignty cases back to the court (Elizabeth Reese, March 22, 2021)
- Justices announce low-key March argument session (Amy Howe, February 1, 2021)
- Court shelves oral argument in dispute over Mueller materials, grants two new cases (Amy Howe, November 20, 2020)
- Relist Watch (John Elwood, November 18, 2020)
- Petitions of the week: Political donations, gun rights, the emoluments clause and more (Andrew Hamm, July 23, 2020)
| Date | Proceedings and Orders |
|---|---|
| Jun 19 2020 | Petition for a writ of certiorari filed. (Response due July 24, 2020) |
| Jul 10 2020 | Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk. |
| Jul 13 2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020. |
| Jul 24 2020 | Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed. |
| Jul 24 2020 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| Aug 21 2020 | Waiver of right of respondent Joshua James Cooley to respond filed. |
| Aug 26 2020 | DISTRIBUTED for Conference of 9/29/2020. |
| Sep 15 2020 | Response Requested. (Due October 15, 2020) |
| Oct 15 2020 | Brief of respondent Joshua James Cooley in opposition filed. |
| Oct 15 2020 | Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. |
| Oct 22 2020 | Waiver of the 14-day waiting period under Rule 15.5 filed. |
| Oct 28 2020 | DISTRIBUTED for Conference of 11/13/2020. |
| Oct 28 2020 | Reply of petitioner United States filed. (Distributed) |
| Nov 16 2020 | DISTRIBUTED for Conference of 11/20/2020. |
| Nov 20 2020 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Nov 20 2020 | Petition GRANTED. |
| Dec 18 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Dec 31 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. The time to file respondent's brief on the merits is extended to and including February 12, 2021. |
| Jan 04 2021 | Motion to dispense with printing the joint appendix filed by petitioner United States. |
| Jan 08 2021 | Brief of petitioner United States filed. |
| Jan 14 2021 | Brief amici curiae of Lower Brule Sioux Tribe, et al. filed. |
| Jan 14 2021 | Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. |
| Jan 15 2021 | Brief amicus curiae of Indian Law Scholars and Professors filed. |
| Jan 15 2021 | Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed. |
| Jan 15 2021 | Brief amici curiae of Current and Former Members of Congress filed. |
| Jan 15 2021 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| Jan 15 2021 | Brief amici curiae of Cayuga Nation, et al. filed. |
| Jan 15 2021 | Brief amici curiae of Former United States Attorneys filed. |
| Jan 19 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Feb 01 2021 | SET FOR ARGUMENT on Tuesday, March 23, 2021. |
| Feb 04 2021 | Record requested from the U.S.C.A. 9th Circuit. |
| Feb 04 2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer. |
| Feb 12 2021 | Brief of respondent Joshua James Cooley filed. |
| Feb 19 2021 | Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. (Distributed) |
| Feb 19 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| Feb 19 2021 | Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (Corrected brief submitted - March 22, 2021) |
| Feb 19 2021 | Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed) |
| Feb 22 2021 | CIRCULATED. |
| Mar 10 2021 | Motion to appoint counsel filed by respondent Joshua James Cooley. |
| Mar 12 2021 | Reply of petitioner United States filed. (Distributed) |
| Mar 15 2021 | Motion DISTRIBUTED for Conference of 3/19/2021. |
| Mar 19 2021 | Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. |
| Mar 23 2021 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. (Appointed by this Court.) |
| Jun 01 2021 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion. |
| Jul 06 2021 | JUDGMENT ISSUED. |
