Upper Skagit Indian Tribe v. Lundgren

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Upper Skagit Indian Tribe v. Lundgren

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Conference of May 16, 2019

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

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

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

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Cases argued	70
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Summary reversals	4
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