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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

Upstate Citizens for Equality, Inc. v. United States

Petition for certiorari denied on November 27, 2017

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Docket No. Op. Below Argument Opinion Vote Author Term
16-1320 2d Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether, in the exercise of its Article I powers, Congress can infringe, reduce or diminish the territorial integrity of a state without its prior consent; (2) whether Congress possesses plenary power over Indian affairs and, if so, whether the plenary power expands the Indian commerce clause to authorize the displacement of state rights to territorial integrity; (3) whether the land acquisition in this case via the mechanism of 25 U.S.C. § 465 (now 25 U.S.C. § 5108) represents a violation of the limits inherently expressed in the Indian commerce clause that limits Congress’ power to “regulate” “commerce”; and (4) whether the 300,000-acre ancient Oneida Indian reservation in New York still exists.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Apr 26 2017Petition for a writ of certiorari filed. (Response due June 1, 2017)
May 30 2017Order extending time to file response to petition to and including July 3, 2017.
Jun 30 2017Brief of respondents United States, et al. in opposition filed.
Jul 19 2017DISTRIBUTED for Conference of September 25, 2017.
Sep 21 2017Rescheduled.
Oct 02 2017DISTRIBUTED for Conference of 10/6/2017.
Oct 03 2017Rescheduled.
Oct 10 2017DISTRIBUTED for Conference of 10/13/2017.
Oct 11 2017Rescheduled.
Oct 23 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 24 2017Rescheduled.
Oct 30 2017DISTRIBUTED for Conference of 11/3/2017.
Nov 06 2017DISTRIBUTED for Conference of 11/9/2017.
Nov 13 2017DISTRIBUTED for Conference of 11/21/2017.
Nov 27 2017Petition DENIED Justice Thomas, dissenting from the denials of certiorari. (Detached Opinion)
 
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