United States v. Jicarilla Apache Nation

Holding: The fiduciary exception to the attorney-client privilege does not apply to the general trust relationship between the United States and the Native American tribes. (Kagan, J., recused.)

Plain English Holding: In litigation with Native American tribes over the management of money that the government holds on behalf of the tribes, the federal government can refuse to turn over documents relating to communications between the government and its attorneys relating to the money and its management.

Judgment: Reversed and remanded, 7-1, in an opinion by Justice Samuel Alito on June 13, 2011. Justice Ginsburg filed an opinion concurring in the judgment, which Justice Breyer joined. Justice Sotomayor filed a dissenting opinion. (Kagan, J., recused.)

Briefs and Documents

Merits Briefs

• Brief for Petitioner United States of America
• Brief for Respondent Jicarilla Apache Nation
• Reply Brief for Petitioner United States of America

Amicus Briefs

• Brief for the National Congress of American Indians and the Federal Bar Association – Indian Law Section in Support of Respondent
• Brief for Navajo Nation and the Pueblo of Laguna in Support of Respondent

Certiorari-stage documents

• Opinion below (Federal Circuit)
• Petition for certiorari (unavailable)
• Brief in opposition (unavailable)
• Petitioner's reply (unavailable)