Ysleta del Sur Pueblo v. Texas
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-493 | 5th Cir. | Feb 22, 2022 | Jun 15, 2022 | 5-4 | Gorsuch | OT 2021 |
Holding: The federal legislation at issue, the Ysleta del Sur and Alabama and Coushatta Indian Tribes of Texas Restoration Act, bans as a matter of federal law on tribal lands only those gaming activities also banned in Texas.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Gorsuch on June 15, 2022. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas, Alito, and Kavanaugh joined.
SCOTUSblog Coverage
- Divided court rejects Texas' bid to control gambling in tribal casinos (Ronald Mann, June 16, 2022)
- Announcement of opinions for Wednesday, June 15 (complete) (Angie Gou, June 15, 2022)
- Just say "Bingo!" Or "Dingo!" (Mark Walsh, February 23, 2022)
- Meandering argument showcases differing views about gambling on tribal lands in Texas (Ronald Mann, February 23, 2022)
- Justices to review long-simmering dispute over gambling on tribal lands in Texas (Ronald Mann, February 21, 2022)
- Climate change and immigration policies headline February argument calendar (Amy Howe, December 18, 2021)
- No new relists, but you should read anyway (John Elwood, October 27, 2021)
- Court adds two cases on Native American law and issues two opinions granting police officers qualified immunity (Amy Howe, October 18, 2021)
- Foreign intelligence surveillance and immigration (John Elwood, October 14, 2021)
- Free exercise, greenhouse-gas regulation, and a slew of other relists from the long conference (John Elwood, October 5, 2021)
| Date | Proceedings and Orders |
|---|---|
| 10/09/2020 | Petition for a writ of certiorari filed. (Response due November 16, 2020) |
| 10/26/2020 | Waiver of right of respondent State of Texas to respond filed. |
| 10/28/2020 | DISTRIBUTED for Conference of 11/13/2020. |
| 11/03/2020 | Brief amici curiae of Alabama-Coushatta Tribe of Texas, et al. filed. (Distributed) |
| 11/10/2020 | Response Requested. (Due December 10, 2020) |
| 11/12/2020 | Motion to extend the time to file a response from December 10, 2020 to January 11, 2021, submitted to The Clerk. |
| 11/13/2020 | Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2021. |
| 01/11/2021 | Brief of respondent State of Texas in opposition filed. |
| 01/21/2021 | The record from the U.S.D.C. Western Dist. of Texas is electronic and located on Pacer. |
| 01/25/2021 | Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed) |
| 01/27/2021 | DISTRIBUTED for Conference of 2/19/2021. |
| 02/22/2021 | The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 08/25/2021 | Brief amicus curiae of United States filed. |
| 09/03/2021 | Supplemental brief of respondent Texas filed. (Distributed) |
| 09/08/2021 | DISTRIBUTED for Conference of 9/27/2021. |
| 10/04/2021 | DISTRIBUTED for Conference of 10/8/2021. |
| 10/12/2021 | DISTRIBUTED for Conference of 10/15/2021. |
| 10/18/2021 | Petition GRANTED. |
| 11/17/2021 | Motion for an extension of time to file respondent's brief on the merits filed. |
| 11/19/2021 | Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 10, 2022. |
| 12/02/2021 | Brief of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. |
| 12/02/2021 | Joint appendix filed. (Statement of costs filed) |
| 12/09/2021 | Brief amicus curiae of Alabama-Coushatta Tribe of Texas filed. |
| 12/09/2021 | Brief amici curiae of National Indian Gaming Association, et al. filed. |
| 12/09/2021 | Brief amicus curiae of United States filed. |
| 12/17/2021 | ARGUMENT SET FOR Tuesday, February 22, 2022. |
| 12/21/2021 | Record requested from the U.S.C.A. 5th Circuit. |
| 12/21/2021 | The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer. |
| 12/21/2021 | The record from the U.S.D.C. Western District of Texas is electronic and located on Pacer. |
| 01/10/2022 | Brief of respondent Texas filed. |
| 01/14/2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| 01/14/2022 | Motion of Alabama-Coushatta Tribe of Texas for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/18/2022 | CIRCULATED |
| 01/24/2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| 01/24/2022 | Motion of Alabama-Coushatta Tribe of Texas for leave to participate in oral argument as amicus curiae and for divided argument DENIED. |
| 02/03/2022 | Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed) |
| 02/22/2022 | Argued. For petitioners: Brant C. Martin, Fort Worth, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex. |
| 06/15/2022 | Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas, Alito, and Kavanaugh, JJ., joined. |
| 07/18/2022 | JUDGMENT ISSUED |