Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak
Holding
The federal government has waived its sovereign immunity from the respondent"s suit under the Administrative Procedure Act, in which he alleges that Section 465 of the Indian Reorganization Act did not authorize the Secretary of the Interior to acquire into trust property that the Band intended to use for "gaming purposes" because the Band was not a federally recognized tribe when the Indian Reorganization Act was enacted in 1934. Moreover, the respondent has prudential standing to challenge the Secretary"s acquisition of the land in question.
Judgment
Affirmed, 8-1, in an opinion by Elena Kagan on Jun 18, 2012. Justice Sotomayor filed a dissenting opinion.
Merits Briefs for the Petitioners
- Brief for the Match-E-Be-Nash-She-Wish Band of the Pottawatomie Indians
- Reply Brief for Petitioner Match-E-Be-Nash-She-Wish Band of Pottawatomie Indians
- Brief for the Federal Petitioners
- Reply Brief for the Federal Petitioners
Amicus Briefs in Support of the Petitioners
- Brief for the National Congress of American Indians and Native American Finance Officers Assn.
- Brief for Wayland Township et al.
Merits Briefs for the Respondents
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Recommended Citation: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, SCOTUSblog, https://www.scotusblog.com/cases/match-e-be-nash-she-wish-band-of-pottawatomi-indians-v-patchak/