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Upper Skagit Indian Tribe v. Lundgren

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Docket No. Op. Below Argument Opinion Vote Author Term
17-387 Wash. Mar 21, 2018 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

DateProceedings and Orders (key to color coding)
Sep 11 2017Petition for a writ of certiorari filed. (Response due October 13, 2017)
Oct 13 2017Brief of respondents Sharline Lundgren and Ray Lundgren in opposition filed.
Oct 27 2017Reply of petitioner Upper Skagit Indian Tribe filed.
Nov 01 2017DISTRIBUTED for Conference of 11/21/2017.
Nov 17 2017Rescheduled.
Nov 27 2017DISTRIBUTED for Conference of 12/1/2017.
Dec 04 2017DISTRIBUTED for Conference of 12/8/2017.
Dec 08 2017Petition GRANTED.
Jan 22 2018Brief of petitioner Upper Skagit Indian Tribe filed.
Jan 22 2018Joint appendix filed. (Statement of costs filed.)
Jan 24 2018SET FOR ARGUMENT ON Wednesday, March 21, 2018
Jan 29 2018Brief amici curiae of Cayuga Nation, Seneca Nation of Indians, Saint Regis Mohawk Tribe, Cherokee Nation, Pueblo of Pojoaque filed.
Jan 29 2018Brief amici curiae of Fond du Lac Band of Lake Superior Chippewa, Puyallup Tribe of Indians, and Skokomish Indian Tribe filed.
Jan 29 2018Brief amicus curiae of United States filed.
Jan 29 2018Brief amici curiae of States of Illinois, Indiana, New Mexico, and Texas filed in Support of Neither Party
Jan 29 2018Brief amici curiae of National Congress of American Indians, et al. filed.
Feb 07 2018CIRCULATED
Feb 21 2018Record requested from the Supreme Court of Washington.
Feb 21 2018Brief of respondents Sharline Lundgren and Ray Lundgren filed. (Distributed)
Feb 28 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 28 2018Brief amicus curiae of Public Service Company of New Mexico filed. (Distributed)
Feb 28 2018Brief amici curiae of Village of Union Springs, Town of Springport, Cayuga County filed. (Distributed)
Feb 28 2018Brief amicus curiae of Seneca County, New York filed. (Distributed)
Mar 12 2018Reply of petitioner Upper Skagit Indian Tribe filed. (Distributed)
Mar 16 2018Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 21 2018Argued. 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.
May 21 2018Judgment 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.
Jun 22 2018MANDATE ISSUED.
Jun 22 2018JUDGMENT ISSUED.