Brackeen v. Haaland
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-380 | 5th Cir. | Nov 9, 2022 | Jun 15, 2023 | 7-2 | Barrett | OT 2022 |
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 Justice Barrett on June 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.
SCOTUSblog Coverage
- Closely divided court scrutinizes various provisions of Indian Child Welfare Act (Amy Howe, November 9, 2022)
- In challenge to Indian Child Welfare Act, court will weigh the rights of states and the role of race (Amy Howe, November 8, 2022)
- Affirmative action cases up first in November argument calendar (Amy Howe, August 3, 2022)
- Justices agree to review constitutionality of Indian Child Welfare Act (Amy Howe, March 1, 2022)
- How long do prisoners have to seek DNA evidence? (John Elwood, February 23, 2022)
- Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
- Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
- Four petitions on the constitutionality of the Indian Child Welfare Act (Andrew Hamm, September 24, 2021)
| Date | Proceedings and Orders |
|---|---|
| 09/03/2021 | Petition for a writ of certiorari filed. (Response due October 8, 2021) |
| 09/24/2021 | Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk. |
| 09/27/2021 | Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents. |
| 10/04/2021 | Brief amicus curiae of Ohio filed.VIDED |
| 10/05/2021 | Brief amicus curiae of Project on Fair Representation filed.VIDED |
| 10/08/2021 | Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed.VIDED |
| 10/08/2021 | Brief amici curiae of Goldwater Institute, et al. filed.VIDED |
| 10/25/2021 | Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk. |
| 10/29/2021 | Motion 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. |
| 12/08/2021 | Brief of respondents Cherokee Nation, et al. in opposition filed. |
| 12/08/2021 | Brief of respondents Navajo Nation in opposition filed. VIDED. |
| 12/08/2021 | Brief of respondents Texas in opposition filed. VIDED. |
| 12/08/2021 | Brief of respondents Federal Respondents in opposition filed. |
| 12/22/2021 | DISTRIBUTED for Conference of 1/7/2022. |
| 12/22/2021 | Reply of petitioners Chad Brackeen, et al. filed. (Distributed) |
| 01/10/2022 | DISTRIBUTED for Conference of 1/14/2022. |
| 01/18/2022 | DISTRIBUTED for Conference of 1/21/2022. |
| 02/11/2022 | DISTRIBUTED for Conference of 2/18/2022. |
| 02/22/2022 | DISTRIBUTED for Conference of 2/25/2022. |
| 02/28/2022 | Petition 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. |
| 02/28/2022 | Because 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.” |
| 07/21/2022 | Blanket Consent filed by Respondent, Navajo Nation |
| 08/03/2022 | ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED. |
| 08/31/2022 | CIRCULATED |
| 09/12/2022 | Record requested from the U.S.C.A. 5th Circuit. |
| 09/12/2022 | The record from the U.S.C.A. 5th circuit is electronic and located on Pacer. |
| 09/12/2022 | The record received from the U.S.D.C. Northern District of Texas has been electronically filed. |
| 11/09/2022 | Argued. 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. |
| 06/15/2023 | Adjudged 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. |
| 07/17/2023 | Judgment issued. |