Patchak v. Zinke
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-498 | D.C. Cir. | Nov 7, 2017 | Feb 27, 2018 | 6-3 | Thomas | OT 2017 |
Holding: David Patchak filed suit challenging the authority of the secretary of the Interior Department to take into trust a property (Bradley Property) on which Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians wished to build a casino. In an earlier appeal in the case, the Supreme Court held that the secretary lacked sovereign immunity and that Patchak had standing, and it remanded the case for further proceedings. Congress subsequently enacted the Gun Lake Act, which "reaffirmed as trust land" the Bradley Property, Section 2(a), and provided that "an action . . . relating to [that] land shall not be filed or maintained in a Federal court and shall be promptly dismissed," Section 2(b). The court of appeals properly affirmed the district court"s dismissal of Patchak"s lawsuit pursuant to that statute.
Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on February 27, 2018. Justice Thomas, joined by Justices Breyer, Alito and Kagan, concluded that Section 2(b) of the Gun Lake Act does not violate Article III of the Constitution. Justice Breyer filed a concurring opinion. Justice Ginsburg filed an opinion concurring in the judgment, in which Justice Sotomayor joined, concluding that Congress acted effectively to displace the Administrative Procedure Act"s waiver of immunity for suits against the United States " which enabled Patchak to launch this litigation " with a contrary command applicable to the Bradley Property. Justice Sotomayor filed an opinion concurring in the judgment, concluding that that Section 2(b) of the Gun Lake Act is most naturally read as having restored the Federal Government"s sovereign immunity from Patchak"s suit challenging the trust status of the Bradley Property. Chief Justice Roberts filed a dissenting opinion, in which Justices Kennedy and Gorsuch joined.
SCOTUSblog Coverage
- In Recess #7: "Robot Ban" (First Mondays, July 30, 2018)
- Opinion analysis: Sharply divided court narrowly approves Congress' power to resolve pending litigation (Ronald Mann, February 28, 2018)
- OT2017 #6: "Year of Munsingwear" (First Mondays, November 13, 2017)
- Argument analysis: Justices struggle to find the "beef" in challenge to congressional authority to resolve pending litigation (Ronald Mann, November 8, 2017)
- OT2017 #5: "Oglethorpe's Second Cousin" (First Mondays, November 6, 2017)
- Argument preview: Indian case turns justices' scrutiny to Congress' power to use statutes to circumvent pending litigation (Ronald Mann, October 31, 2017)
- In Recess #4: "Stone Soup" (First Mondays, September 11, 2017)
- Today's orders (Amy Howe, May 1, 2017)
- Petition of the day (Kate Howard, February 16, 2017)
| Date | Proceedings and Orders |
|---|---|
| 10/11/2016 | Petition for a writ of certiorari filed. (Response due November 14, 2016) |
| 11/11/2016 | Brief of respondent Match-E-Be-Nash-She-Wish band of Pottawatomi Indians in opposition filed. |
| 11/14/2016 | Waiver of right of respondent Sally Jewel, Secretary of the Interior, et al. to respond filed. |
| 11/14/2016 | Motion for leave to file amici brief filed by Federal Courts Scholars. |
| 11/28/2016 | Opposition of intervenor-respondent Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, to motion for leave to file amicus curiae brief of Federal Courts Scholars filed. |
| 11/30/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 12/15/2016 | Response Requested. (Due January 17, 2017) |
| 01/12/2017 | Order extending time to file response to petition to and including February 16, 2017. |
| 02/15/2017 | Order further extending time to file response to petition to and including March 20, 2017. |
| 03/20/2017 | Brief of Federal Respondents in opposition filed. |
| 04/03/2017 | Reply of petitioner David Patchak filed. |
| 04/05/2017 | DISTRIBUTED for Conference of April 21, 2017. |
| 04/24/2017 | DISTRIBUTED for Conference of April 28, 2017. |
| 05/01/2017 | Motion for leave to file amici brief filed by Federal Courts Scholars GRANTED. |
| 05/01/2017 | Petition GRANTED limited to Question 1 presented by the petition. |
| 05/16/2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 13, 2017. |
| 05/16/2017 | The time to file respondents' briefs on the merits is extended to and including September 11, 2017. |
| 07/12/2017 | Joint appendix filed. (Statement of costs filed) |
| 07/12/2017 | Brief of petitioner David Patchak filed. |
| 07/19/2017 | Brief amici curiae of Federal Courts Scholars filed. |
| 08/31/2017 | SET FOR ARGUMENT on Tuesday, November 7, 2017 |
| 09/07/2017 | CIRCULATED |
| 09/11/2017 | Brief of respondent Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians filed. (Distributed) |
| 09/11/2017 | Brief of Federal Respondents filed. (Distributed) |
| 09/12/2017 | Record requested from the U.S.C.A. District of Columbia Circuit. |
| 09/15/2017 | Blanket Consent filed by Respondent, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians on 09/15/2017 |
| 09/18/2017 | Brief amici curiae of Wayland Township, et al. filed. (Distributed) |
| 09/18/2017 | Brief amicus curiae of U.S. House of Representatives filed. (Distributed) |
| 09/18/2017 | Brief amicus curiae of National Congress of American Indians filed. (Distributed) |
| 09/18/2017 | Brief amici curiae of Federal Courts and Federal Indian Law Scholars filed. (Distributed) |
| 09/18/2017 | Brief amicus curiae of Professor Edward A. Hartnett filed. (Distributed) |
| 09/18/2017 | Motion for divided argument filed by respondent. |
| 10/10/2017 | Motion for divided argument filed by respondent GRANTED. |
| 10/11/2017 | Reply of petitioner David Patchak filed. (Distributed) |
| 11/07/2017 | Argued. For petitioner: Scott E. Gant, Washington, D. C. For federal respondents: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians respondent: Pratik A. Shah, Washington, D. C. |
| 02/27/2018 | Adjudged to be AFFIRMED. Thomas, J., announced the judgment of the Court and delivered an opinion, in which Breyer, Alito, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor, J., joined. Sotomayor, J., filed an opinion concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Kennedy and Gorsuch, JJ., joined. |
| 04/02/2018 | JUDGMENT ISSUED. |