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Michigan v. Bay Mills Indian Community

Docket No.12-515
Op. Below6th Cir.
ArgumentDec 2, 2013
Vote5-4
AuthorElena Kagan
OpinionMay 27, 2014
TermOctober Term 2013
SCOTUS PageOpinion

Holding

Michigan's suit against the Bay Mills Indian Community to enjoin the tribe from operating a gaming facility on non-Indian lands is barred by tribal sovereign immunity.

Judgment

Affirmed and remanded, 5-4, in an opinion by Elena Kagan on May 27, 2014. Justice Sotomayor filed a concurring opinion. Justice Scalia filed a dissenting opinion. Justice Thomas filed a dissenting opinion, in which Justice Scalia, Justice Ginsburg, and Justice Alito joined. Justice Ginsburg filed a dissenting opinion.

Issue: (1) Whether a federal court has jurisdiction to enjoin activity that violates the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., but takes place outside of Indian lands; and (2) whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside of Indian lands.

Proceedings & orders timeline

Oct 23, 2012
Petition for a writ of certiorari filed. (Response due November 26, 2012)
Nov 3, 2012
Waiver of right of respondent Little Traverse Bay Bands of Odawa Indians to respond filed.
Nov 26, 2012
Brief of respondent Bay Mills Indian Community in opposition filed.
Dec 6, 2012
Reply of petitioner Michigan filed.
Dec 12, 2012
DISTRIBUTED for Conference of January 4, 2013.
Jan 7, 2013
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 14, 2013
Brief amicus curiae of United States filed.
May 24, 2013
Supplemental brief of petitioner Michigan filed.
May 28, 2013
DISTRIBUTED for Conference of June 13, 2013.
Jun 17, 2013
DISTRIBUTED for Conference of June 20, 2013.
Jun 24, 2013
Petition GRANTED.
Jul 26, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 30, 2013.
Jul 26, 2013
The time to file respondent's brief on the merits is extended to and including October 24, 2013.
Aug 30, 2013
Joint appendix filed. (Statement of costs filed)
Aug 30, 2013
Brief of petitioner Michigan filed.
Sep 6, 2013
Brief amicus curiae of State of Oklahoma filed.
Sep 6, 2013
Brief amici curiae of Alabama, et al. filed.
Sep 17, 2013
SET FOR ARGUMENT ON Monday, December 2, 2013.
Sep 17, 2013
CIRCULATED
Sep 19, 2013
Record from U.S.C.A. for 6th Circuit is electronic (Not on PACER).
Sep 19, 2013
Record from U.S.D.C. for Western District of Michigan is electronic and located on PACER.
Oct 17, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Oct 22, 2013
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Oct 24, 2013
Brief of respondent Bay Mills Indian Community filed. (Distributed)
Oct 24, 2013
Letter proposing a lodging of a copy of arguments and decision in the Supreme Court of the District of Columbia in Chadick v. Duncan, No.15,317 (D.C. March 2, 1894) received from counsel for the respondent. (Distributed)
Oct 31, 2013
Brief amicus curiae of United States filed. (Distributed)
Oct 31, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 31, 2013
Brief amici curiae of National Congress of American Indians, et al. filed. (Distributed)Oct 31, 2013
Brief amici curiae of Seminole Tribe of Florida, et al. filed. (Distributed)Oct 31, 2013
Brief amici curiae of Scholars of American Indian Law filed. (Distributed)
Nov 5, 2013
Consent to the filing of amicus curiae briefs in support of either party or neither party received from respondent Little Traverse Bay Bands of Odawa Indians.
Nov 18, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Nov 22, 2013
Reply of petitioner Michigan filed. (Distributed)
Dec 2, 2013
Argued. For petitioner: John J. Bursch, Michigan Solicitor General, Lansing, Mich. For respondents: Neal Kumar Katyal, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 27, 2014
Judgment is affirmed and case remanded. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, and Sotomayor, JJ., joined. Sotomayor, J., filed a concurring opinion. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Scalia, Ginsburg, and Alito, JJ., joined. Ginsburg, J., filed a dissenting opinion.
Jun 30, 2014
JUDGMENT ISSUED.

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