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Ysleta del Sur Pueblo v. Texas

Docket No.20-493
Op. Below5th Cir.
ArgumentFeb 22, 2022

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 Neil Gorsuch on Jun 15, 2022. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas, Alito, and Kavanaugh joined.

Proceedings & orders timeline

Oct 9, 2020
Petition for a writ of certiorari filed. (Response due November 16, 2020)
Oct 26, 2020
Waiver of right of respondent State of Texas to respond filed.
Oct 28, 2020
DISTRIBUTED for Conference of 11/13/2020.
Nov 3, 2020
Brief amici curiae of Alabama-Coushatta Tribe of Texas, et al. filed. (Distributed)
Nov 10, 2020
Response Requested. (Due December 10, 2020)
Nov 12, 2020
Motion to extend the time to file a response from December 10, 2020 to January 11, 2021, submitted to The Clerk.
Nov 13, 2020
Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2021.
Jan 11, 2021
Brief of respondent State of Texas in opposition filed.
Jan 21, 2021
The record from the U.S.D.C. Western Dist. of Texas is electronic and located on Pacer.
Jan 25, 2021
Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed)
Jan 27, 2021
DISTRIBUTED for Conference of 2/19/2021.
Feb 22, 2021
The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
Aug 25, 2021
Brief amicus curiae of United States filed.
Sep 3, 2021
Supplemental brief of respondent Texas filed. (Distributed)
Sep 8, 2021
DISTRIBUTED for Conference of 9/27/2021.
Oct 4, 2021
DISTRIBUTED for Conference of 10/8/2021.
Oct 12, 2021
DISTRIBUTED for Conference of 10/15/2021.
Oct 18, 2021
Petition GRANTED.
Nov 17, 2021
Motion for an extension of time to file respondent's brief on the merits filed.
Nov 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.
Dec 2, 2021
Brief of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed.
Dec 2, 2021
Joint appendix filed. (Statement of costs filed)
Dec 9, 2021
Brief amicus curiae of Alabama-Coushatta Tribe of Texas filed.
Dec 9, 2021
Brief amici curiae of National Indian Gaming Association, et al. filed.
Dec 9, 2021
Brief amicus curiae of United States filed.
Dec 17, 2021
ARGUMENT SET FOR Tuesday, February 22, 2022.
Dec 21, 2021
Record requested from the U.S.C.A. 5th Circuit.
Dec 21, 2021
The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
Dec 21, 2021
The record from the U.S.D.C. Western District of Texas is electronic and located on Pacer.
Jan 10, 2022
Brief of respondent Texas filed.
Jan 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.
Jan 14, 2022
Motion of Alabama-Coushatta Tribe of Texas for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 18, 2022
CIRCULATED
Jan 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.
Jan 24, 2022
Motion of Alabama-Coushatta Tribe of Texas for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Feb 3, 2022
Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed)
Feb 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.
Jun 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.
Jul 18, 2022
JUDGMENT ISSUED

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