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Ysleta del Sur Pueblo v. Texas

Docket No. Op. Below Argument Opinion Vote Author Term
20-493 5th Cir. Feb 22, 2022 Jun 15, 2022 5-4 Gorsuch OT 2021

Holding: The federal legislation at issue — the Ysleta del Sur and Alabama and Coushatta Indian Tribes of Texas Restoration Act — bans as a matter of federal law on tribal lands only those gaming activities also banned in Texas.

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Gorsuch on June 15, 2022. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas, Alito, and Kavanaugh joined.

DateProceedings and Orders (key to color coding)
Oct 09 2020Petition for a writ of certiorari filed. (Response due November 16, 2020)
Oct 26 2020Waiver of right of respondent State of Texas to respond filed.
Oct 28 2020DISTRIBUTED for Conference of 11/13/2020.
Nov 03 2020Brief amici curiae of Alabama-Coushatta Tribe of Texas, et al. filed. (Distributed)
Nov 10 2020Response Requested. (Due December 10, 2020)
Nov 12 2020Motion to extend the time to file a response from December 10, 2020 to January 11, 2021, submitted to The Clerk.
Nov 13 2020Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2021.
Jan 11 2021Brief of respondent State of Texas in opposition filed.
Jan 21 2021The record from the U.S.D.C. Western Dist. of Texas is electronic and located on Pacer.
Jan 25 2021Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed)
Jan 27 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 25 2021Brief amicus curiae of United States filed.
Sep 03 2021Supplemental brief of respondent Texas filed. (Distributed)
Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
Oct 18 2021Petition GRANTED.
Nov 17 2021Motion for an extension of time to file respondent's brief on the merits filed.
Nov 19 2021Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 10, 2022.
Dec 02 2021Brief of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed.
Dec 02 2021Joint appendix filed. (Statement of costs filed)
Dec 09 2021Brief amicus curiae of Alabama-Coushatta Tribe of Texas filed.
Dec 09 2021Brief amici curiae of National Indian Gaming Association, et al. filed.
Dec 09 2021Brief amicus curiae of United States filed.
Dec 17 2021ARGUMENT SET FOR Tuesday, February 22, 2022.
Dec 21 2021Record requested from the U.S.C.A. 5th Circuit.
Dec 21 2021The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Dec 21 2021The record from the U.S.D.C. Western District of Texas is electronic and located on Pacer.
Jan 10 2022Brief of respondent Texas filed.
Jan 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Jan 14 2022Motion of Alabama-Coushatta Tribe of Texas for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 18 2022CIRCULATED
Jan 24 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Jan 24 2022Motion of Alabama-Coushatta Tribe of Texas for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Feb 03 2022Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed)
Feb 22 2022Argued. For petitioners: Brant C. Martin, Fort Worth, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex.
Jun 15 2022Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas, Alito, and Kavanaugh, JJ., joined.