Brackeen v. Haaland
Consolidated with Haaland v. Brackeen (21-376), Cherokee Nation v. Brackeen (21-377), Texas v. Haaland (21-378)
Holding
In child custody proceedings governed by the Indian Child Welfare Act, the court affirms the U.S. Court of Appeals for the 5th Circuit's conclusion that ICWA is consistent with Congress's Article I authority, rejects petitioners' anticommandeering challenges under the Tenth Amendment, and finds the parties lack standing to litigate their other challenges to ICWA's placement preferences.
Judgment
Affirmed, 7-2, in an opinion by Amy Coney Barrett on Jun 15, 2023. Justice Gorsuch filed a concurring opinion, in which Justices Sotomayor and Jackson joined as to Parts I and III. Justice Kavanaugh filed a concurring opinion. Justices Thomas and Alito filed dissenting opinions.
Sep 3, 2021Petition for a writ of certiorari filed. (Response due October 8, 2021)Sep 24, 2021Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
Sep 27, 2021Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents.
Oct 4, 2021Brief amicus curiae of Ohio filed.VIDEDOct 5, 2021Brief amicus curiae of Project on Fair Representation filed.VIDEDOct 8, 2021Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed.VIDEDOct 8, 2021Brief amici curiae of Goldwater Institute, et al. filed.VIDEDOct 25, 2021Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.Oct 29, 2021Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021, for all respondents.
Dec 8, 2021Brief of respondents Cherokee Nation, et al. in opposition filed.Dec 8, 2021Brief of respondents Navajo Nation in opposition filed. VIDED.Dec 8, 2021Brief of respondents Texas in opposition filed. VIDED.Dec 8, 2021Brief of respondents Federal Respondents in opposition filed.Dec 22, 2021DISTRIBUTED for Conference of 1/7/2022.
Dec 22, 2021Reply of petitioners Chad Brackeen, et al. filed. (Distributed)Jan 10, 2022DISTRIBUTED for Conference of 1/14/2022.
Jan 18, 2022DISTRIBUTED for Conference of 1/21/2022.
Feb 11, 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 22, 2022DISTRIBUTED for Conference of 2/25/2022.
Feb 28, 2022Petition GRANTED. The petitions for writs of certiorari in Nos. 21-376, 21-377, and 21-378 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Parties that were plaintiffs/appellees in the lower courts shall file opening and reply briefs in conformity with Rules 33.1(g)(v) and 33.1(g)(vii), under the schedule set forth in Rules 25.1 and 25.3. Parties that were defendants/appellants in the lower courts shall file briefs in conformity with Rule 33.1(g)(vi), under the schedule set forth in Rule 25.2.
Feb 28, 2022Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-376. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-376. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jul 21, 2022Blanket Consent filed by Respondent, Navajo NationAug 3, 2022ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED.
Aug 31, 2022CIRCULATED
Sep 12, 2022Record requested from the U.S.C.A. 5th Circuit.
Sep 12, 2022The record from the U.S.C.A. 5th circuit is electronic and located on Pacer.
Sep 12, 2022The record received from the U.S.D.C. Northern District of Texas has been electronically filed.
Nov 9, 2022Argued. For Chad Everet Brackeen, et al.: Matthew D. McGill, Washington, D. C.
For Texas: Judd E. Stone, II, Solicitor General, Austin, Tex. For federal parties: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For tribal parties: Ian H. Gershengorn, Washington, D. C. VIDED.
Jun 15, 2023Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED AND REMANDED IN PART. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Sotomayor and Jackson, JJ., joined as to Parts I and III. Kavanaugh, J., filed a concurring opinion. Thomas, J., and Alito, J., filed dissenting opinions. VIDED.
Jul 17, 2023Judgment issued.Recommended Citation: Brackeen v. Haaland, SCOTUSblog, https://www.scotusblog.com/cases/brackeen-v-haaland/