United States v. Jicarilla Apache Nation
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-382 | Federal Cir. |
Apr 20, 2011 Tr.Aud. |
Jun 13, 2011 | 7-1 | Alito | OT 2010 |
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.)
SCOTUSblog Coverage
- This week at the Court: In Plain English (Lisa McElroy)
- The unique trust relationship between the U.S. and Indian Tribes. (Briggs Matheson - Guest)
- Argument recap: The attorney-client privilege and government-administered trusts (Christa Culver)
- Argument preview: Tribe seeks to invoke fiduciary exception (Kali Borkoski)
- Petition of the day (Conor McEvily)
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
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