Upper Skagit Indian Tribe v. Lundgren

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
17-387	Wash.	Mar 21, 0018	May 21, 2018	7-2	Gorsuch	OT 2017

Holding: County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U. S. 251, addressed only a question of statutory interpretation of the Indian General Allotment Act of 1887, not the question whether Indian tribes have sovereign immunity in in rem lawsuits. The Lundgrens now ask the Supreme Court to affirm on an alternative, common-law ground: that the tribe cannot assert sovereign immunity because this suit relates to immovable property located in Washington state, purchased by the tribe in the same manner as a private individual. Because this alternative argument did not emerge until late in this case, the Washington Supreme Court should address it in the first instance.

Judgment: Vacated and remanded, 7-2, in an opinion by Justice Gorsuch on May 21, 2018. Chief Justice Roberts filed a concurring opinion, in which Justice Kennedy joined. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

SCOTUSblog Coverage

OT2017 #26: "The Murder Zone" (First Mondays, May 29, 2018)
A "view" from the courtroom: Strength in numbers (Corrected) (Mark Walsh, May 21, 2018)
Opinion analysis: Justices reject state-court justification for limiting tribal immunity from state-court actions to adjudicate title to land (Ronald Mann, May 21, 2018)
A "view" from the courtroom: Just another (snowy) workday here (Mark Walsh, March 21, 2018)
Argument analysis: Justices dubious about tribal immunity from state-court actions to adjudicate title to land, but hesitant to embrace new theory (Ronald Mann, March 21, 2018)
Argument preview: Justices to consider tribal immunity from state-court actions to adjudicate title to land (Ronald Mann, March 14, 2018)
Justices release March calendar (Amy Howe, January 24, 2018)
Court adds seven new cases to merits docket (Amy Howe, December 9, 2017)
Petition of the day (Aurora Barnes, October 11, 2017)

Date	Proceedings and Orders (key to color coding)
09/11/2017	Petition for a writ of certiorari filed. (Response due October 13, 2017)
10/13/2017	Brief of respondents Sharline Lundgren and Ray Lundgren in opposition filed.
10/27/2017	Reply of petitioner Upper Skagit Indian Tribe filed.
11/01/2017	DISTRIBUTED for Conference of 11/21/2017.
11/17/2017	Rescheduled.
11/27/2017	DISTRIBUTED for Conference of 12/1/2017.
12/04/2017	DISTRIBUTED for Conference of 12/8/2017.
12/08/2017	Petition GRANTED.
01/22/2018	Brief of petitioner Upper Skagit Indian Tribe filed.
01/22/2018	Joint appendix filed. (Statement of costs filed.)
01/24/2018	SET FOR ARGUMENT ON Wednesday, March 21, 2018
01/29/2018	Brief amici curiae of Cayuga Nation, Seneca Nation of Indians, Saint Regis Mohawk Tribe, Cherokee Nation, Pueblo of Pojoaque filed.
01/29/2018	Brief amici curiae of Fond du Lac Band of Lake Superior Chippewa, Puyallup Tribe of Indians, and Skokomish Indian Tribe filed.
01/29/2018	Brief amicus curiae of United States filed.
01/29/2018	Brief amici curiae of States of Illinois, Indiana, New Mexico, and Texas filed in Support of Neither Party
01/29/2018	Brief amici curiae of National Congress of American Indians, et al. filed.
02/07/2018	CIRCULATED
02/21/2018	Record requested from the Supreme Court of Washington.
02/21/2018	Brief of respondents Sharline Lundgren and Ray Lundgren filed. (Distributed)
02/28/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
02/28/2018	Brief amicus curiae of Public Service Company of New Mexico filed. (Distributed)
02/28/2018	Brief amici curiae of Village of Union Springs, Town of Springport, Cayuga County filed. (Distributed)
02/28/2018	Brief amicus curiae of Seneca County, New York filed. (Distributed)
03/12/2018	Reply of petitioner Upper Skagit Indian Tribe filed. (Distributed)
03/16/2018	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
03/21/2018	Argued. For petitioner: David S. Hawkins, Sedro-Woolley, Wash.; and Ann O’Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eric D. Miller, Seattle, Wash.
05/21/2018	Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a concurring opinion, in which Kennedy, J., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
06/22/2018	MANDATE ISSUED.
06/22/2018	JUDGMENT ISSUED.