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: The court of appeals properly affirmed the district court's dismissal of Patchak's lawsuit pursuant to the Gun Lake Act.
Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on February 27, 2018. Justice Breyer filed a concurring opinion. Justice Ginsburg filed an opinion concurring in the judgment, in which Justice Sotomayor joined. Justice Sotomayor filed an opinion concurring in the judgment. 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. |