Michigan v. Bay Mills Indian Community
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-515 | 6th Cir. | Dec 2, 2013 | May 27, 2014 | 5-4 | Kagan | OT 2013 |
Holding: Michigan's suit against the Bay Mills Indian Community to enjoin the tribe from operating a gaming facility on non-Indian lands is barred by tribal sovereign immunity.
Judgment: Affirmed and remanded, 5-4, in an opinion by Justice Kagan on May 27, 2014. Justice Sotomayor filed a concurring opinion. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia, Justice Ginsburg, and Justice Alito joined. Justice Ginsburg filed a dissenting opinion.
SCOTUSblog Coverage
- Opinion analysis: Michigan draws a bottom pair, but Indian Country does not have a straight flush (Markham Erickson, May 28, 2014)
- Opinion details: Victory for Native American tribes . . . for now? (Amy Howe, May 27, 2014)
- Argument preview: A tale of two sovereigns (Markham Erickson, November 27, 2013)
- Solicitor General files invitation briefs for June 13 Conference (Amy Howe, May 24, 2013)
- Stem cell dispute near end? (FINAL UPDATE) (Lyle Denniston, January 7, 2013)
| Date | Proceedings and Orders |
|---|---|
| 10/23/2012 | Petition for a writ of certiorari filed. (Response due November 26, 2012) |
| 11/03/2012 | Waiver of right of respondent Little Traverse Bay Bands of Odawa Indians to respond filed. |
| 11/26/2012 | Brief of respondent Bay Mills Indian Community in opposition filed. |
| 12/06/2012 | Reply of petitioner Michigan filed. |
| 12/12/2012 | DISTRIBUTED for Conference of January 4, 2013. |
| 01/07/2013 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 05/14/2013 | Brief amicus curiae of United States filed. |
| 05/24/2013 | Supplemental brief of petitioner Michigan filed. |
| 05/28/2013 | DISTRIBUTED for Conference of June 13, 2013. |
| 06/17/2013 | DISTRIBUTED for Conference of June 20, 2013. |
| 06/24/2013 | Petition GRANTED. |
| 07/26/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2013. |
| 07/26/2013 | The time to file respondent's brief on the merits is extended to and including October 24, 2013. |
| 08/30/2013 | Joint appendix filed. (Statement of costs filed) |
| 08/30/2013 | Brief of petitioner Michigan filed. |
| 09/06/2013 | Brief amicus curiae of State of Oklahoma filed. |
| 09/06/2013 | Brief amici curiae of Alabama, et al. filed. |
| 09/17/2013 | SET FOR ARGUMENT ON Monday, December 2, 2013. |
| 09/17/2013 | CIRCULATED |
| 09/19/2013 | Record from U.S.C.A. for 6th Circuit is electronic (Not on PACER). |
| 09/19/2013 | Record from U.S.D.C. for Western District of Michigan is electronic and located on PACER. |
| 10/17/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 10/22/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 10/24/2013 | Brief of respondent Bay Mills Indian Community filed. (Distributed) |
| 10/24/2013 | Letter proposing a lodging of a copy of arguments and decision in the Supreme Court of the District of Columbia in Chadick v. Duncan, No.15,317 (D.C. March 2, 1894) received from counsel for the respondent. (Distributed) |
| 10/31/2013 | Brief amicus curiae of United States filed. (Distributed) |
| 10/31/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 10/31/2013 | Brief amici curiae of National Congress of American Indians, et al. filed. (Distributed) |
| 10/31/2013 | Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed) |
| 10/31/2013 | Brief amici curiae of Scholars of American Indian Law filed. (Distributed) |
| 11/05/2013 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from respondent Little Traverse Bay Bands of Odawa Indians. |
| 11/18/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 11/22/2013 | Reply of petitioner Michigan filed. (Distributed) |
| 12/02/2013 | Argued. For petitioner: John J. Bursch, Michigan Solicitor General, Lansing, Mich. For respondents: Neal Kumar Katyal, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 05/27/2014 | Judgment is affirmed and case remanded. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Sotomayor, JJ., joined. Sotomayor, J., filed a concurring opinion. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Scalia, Ginsburg, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion. |
| 06/30/2014 | JUDGMENT ISSUED. |
Issue: (1) Whether a federal court has jurisdiction to enjoin activity that violates the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., but takes place outside of Indian lands; and (2) whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside of Indian lands.