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Upper Skagit Indian Tribe v. Lundgren

Docket No.17-387
Op. BelowWash.
ArgumentMar 21, 2018
Vote7-2
AuthorNeil Gorsuch
OpinionMay 21, 2018
TermOctober Term 2017
SCOTUS PageOpinion

Holding

County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502 U. S. 251, addressed only a question of statutory interpretation of the Indian General Allotment Act of 1887, not the question whether Indian tribes have sovereign immunity in in rem lawsuits. The Lundgrens now ask the Supreme Court to affirm on an alternative, common-law ground: that the tribe cannot assert sovereign immunity because this suit relates to immovable property located in Washington state, purchased by the tribe in the same manner as a private individual. Because this alternative argument did not emerge until late in this case, the Washington Supreme Court should address it in the first instance.

Judgment

Vacated and remanded, 7-2, in an opinion by Neil Gorsuch on May 21, 2018. Chief Justice Roberts filed a concurring opinion, in which Justice Kennedy joined. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

Proceedings & orders timeline

Sep 11, 2017
Petition for a writ of certiorari filed. (Response due October 13, 2017)Oct 13, 2017
Brief of respondents Sharline Lundgren and Ray Lundgren in opposition filed.Oct 27, 2017
Reply of petitioner Upper Skagit Indian Tribe filed.
Nov 1, 2017
DISTRIBUTED for Conference of 11/21/2017.
Nov 17, 2017
Rescheduled.
Nov 27, 2017
DISTRIBUTED for Conference of 12/1/2017.
Dec 4, 2017
DISTRIBUTED for Conference of 12/8/2017.
Dec 8, 2017
Petition GRANTED.
Jan 22, 2018
Brief of petitioner Upper Skagit Indian Tribe filed.Jan 22, 2018
Joint appendix filed. (Statement of costs filed.)
Jan 24, 2018
SET FOR ARGUMENT ON Wednesday, March 21, 2018
Jan 29, 2018
Brief amici curiae of Cayuga Nation, Seneca Nation of Indians, Saint Regis Mohawk Tribe, Cherokee Nation, Pueblo of Pojoaque filed.Jan 29, 2018
Brief amici curiae of Fond du Lac Band of Lake Superior Chippewa, Puyallup Tribe of Indians, and Skokomish Indian Tribe filed.Jan 29, 2018
Brief amicus curiae of United States filed.Jan 29, 2018
Brief amici curiae of States of Illinois, Indiana, New Mexico, and Texas filed in Support of Neither PartyJan 29, 2018
Brief amici curiae of National Congress of American Indians, et al. filed.
Feb 7, 2018
CIRCULATED
Feb 21, 2018
Record requested from the Supreme Court of Washington.
Feb 21, 2018
Brief of respondents Sharline Lundgren and Ray Lundgren filed. (Distributed)Feb 28, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Feb 28, 2018
Brief amicus curiae of Public Service Company of New Mexico filed. (Distributed)Feb 28, 2018
Brief amici curiae of Village of Union Springs, Town of Springport, Cayuga County filed. (Distributed)Feb 28, 2018
Brief amicus curiae of Seneca County, New York filed. (Distributed)Mar 12, 2018
Reply of petitioner Upper Skagit Indian Tribe filed. (Distributed)
Mar 16, 2018
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 21, 2018
Argued. For petitioner: David S. Hawkins, Sedro-Woolley, Wash.; and Ann O’Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eric D. Miller, Seattle, Wash.
May 21, 2018
Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a concurring opinion, in which Kennedy, J., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
Jun 22, 2018
MANDATE ISSUED.
Jun 22, 2018
JUDGMENT ISSUED.

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