Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
Holding
The Bankruptcy Code, under 11 U.S.C. § 106(a), unequivocally abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.
Judgment
Affirmed, 8-1, in an opinion by Ketanji Brown Jackson on Jun 15, 2023. Justice Thomas filed an opinion concurring in the judgment. Justice Gorsuch filed a dissenting opinion.
Jul 8, 2022Application (22A23) to extend the time to file a petition for a writ of certiorari from August 4, 2022 to September 8, 2022, submitted to The Chief Justice.
Jul 13, 2022Application (22A23) granted by The Chief Justice extending the time to file until September 8, 2022.
Sep 8, 2022Petition for a writ of certiorari filed. (Response due October 12, 2022)Oct 4, 2022Motion to extend the time to file a response from October 12, 2022 to November 11, 2022, submitted to The Clerk.Oct 5, 2022Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2022. See Rule 30.1.
Oct 12, 2022Brief amici curiae of Professors of Federal Indian Law filed.Oct 12, 2022Brief amicus curiae of Native American Financial Services Association filed.Nov 8, 2022Brief of respondent Brian W. Coughlin in opposition filed.Nov 22, 2022Reply of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed.Nov 30, 2022DISTRIBUTED for Conference of 1/6/2023.
Jan 9, 2023DISTRIBUTED for Conference of 1/13/2023.
Jan 13, 2023Petition GRANTED.
Jan 31, 2023SET FOR ARGUMENT on Monday, April 24, 2023.
Feb 8, 2023Record requested from the U.S.C.A.-1st Circuit.
Feb 16, 2023All records from the U.S.C.A.-1st Circuit are available on PACER. Record request was transmitted to the Massachusetts Bankruptcy Court for response.
Feb 16, 2023Motion to dispense with printing the joint appendix filed by petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al.Feb 22, 2023Brief of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed.Mar 1, 2023Brief amici curiae of The Navajo Nation, et al. filed.Mar 1, 2023Brief amici curiae of Indian Law Professors filed.Mar 6, 2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Mar 10, 2023All records from the Massachusetts Bankruptcy Court are available on PACER.
Mar 24, 2023CIRCULATED
Mar 24, 2023Brief of respondent Brian W. Coughlin filed. (Distributed)Mar 30, 2023Brief amici curiae of Public Citizen, et al. filed. (Distributed)Mar 30, 2023Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed)Mar 31, 2023Brief amicus curiae of United States filed. (Distributed)Mar 31, 2023Brief amicus curiae of Separation of Powers Clinic filed. (Distributed)Mar 31, 2023Brief amici curiae of NACBA, et al. filed. (Distributed)Mar 31, 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Apr 13, 2023Reply of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed. (Distributed)Apr 14, 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 24, 2023Argued. For petitioners: Pratik A. Shah, Washington, D. C. For respondent: Gregory G. Rapawy, Washington, D. C.; and Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United
States, as amicus curiae.)
Jun 15, 2023Adjudged to be AFFIRMED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Gorsuch, J., filed a dissenting opinion.
Jul 17, 2023Judgment issued.Recommended Citation: Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, SCOTUSblog, https://www.scotusblog.com/cases/lac-du-flambeau-band-of-lake-superior-chippewa-indians-v-coughlin/