| No. 18-9526 | |
| Title: | Jimcy McGirt, Petitioner v. Oklahoma |
| Docketed: | June 7, 2019 |
| Linked with 19A861 | |
| Lower Ct: | Court of Criminal Appeals of Oklahoma |
| Case Numbers: | (PC-2018-1057) |
| Decision Date: | February 25, 2019 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Apr 17 2019 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2019) |
| Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service | |
| Jul 08 2019 | Blanket Consent filed by Petitioner, Jimcy McGirt. |
| Blanket Consent | |
| Jul 18 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Jul 19 2019 | Response Requested. (Due August 19, 2019) |
| Aug 19 2019 | Brief of respondent Oklahoma in opposition filed. |
| Main DocumentProof of Service | |
| Sep 05 2019 | DISTRIBUTED for Conference of 10/1/2019. |
| Oct 07 2019 | DISTRIBUTED for Conference of 10/11/2019. |
| Oct 15 2019 | DISTRIBUTED for Conference of 10/18/2019. |
| Oct 28 2019 | DISTRIBUTED for Conference of 11/1/2019. |
| Nov 04 2019 | DISTRIBUTED for Conference of 11/8/2019. |
| Nov 12 2019 | DISTRIBUTED for Conference of 11/15/2019. |
| Nov 18 2019 | DISTRIBUTED for Conference of 11/22/2019. |
| Dec 02 2019 | DISTRIBUTED for Conference of 12/6/2019. |
| Dec 09 2019 | DISTRIBUTED for Conference of 12/13/2019. |
| Dec 13 2019 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Dec 13 2019 | Letter regarding appearance of counsel filed. |
| Main Document | |
| Dec 16 2019 | Motion to appoint counsel filed by petitioner Jimcy McGirt. |
| Main DocumentProof of Service | |
| Jan 03 2020 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jan 07 2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including February 4, 2020. The time to file respondent's brief on the merits is extended to and including March 13, 2020. |
| Jan 08 2020 | Motion to appoint counsel DISTRIBUTED for Conference of 1/24/2020. |
| Jan 17 2020 | Blanket Consent filed by Petitioner, Jimcy McGirt. |
| Blanket ConsentProof of Service | |
| Jan 21 2020 | Blanket Consent filed by Respondent, Oklahoma |
| Blanket ConsentProof of Service | |
| Jan 27 2020 | Motion to appoint counsel GRANTED, and Ian H. Gershengorn, Esq., of Washington, D.C., is appointed to serve as counsel for petitioner. |
| Jan 27 2020 | Application (19A861) of the Solicitor General and the Muscogee Creek Nation to file briefs as amicus curiae in excess of the word limit, submitted to Justice Sotomayor. |
| Main DocumentProof of Service | |
| Jan 27 2020 | Motion to dispense with printing the joint appendix filed by petitioner Jimcy McGirt. |
| Main DocumentProof of Service | |
| Feb 04 2020 | Application (19A861) of the Solicitor General and the Muscogee Creek Nation to file briefs as amicus curiae in excess of the word limit is granted by Justice Sotomayor provided that the briefs do not exceed 11,000 words each. |
| Feb 04 2020 | Brief of petitioner Jimcy McGirt filed (with separate appendix). |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Feb 11 2020 | Brief amici curiae of Tom Cole, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 11 2020 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 11 2020 | Brief amici curiae of Former United States Attorneys Troy A. Eid, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 11 2020 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 11 2020 | Brief amicus curiae of National Congress of American Indians Fund filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Feb 11 2020 | Brief amici curiae of Historians, Legal Scholars, and Cherokee Nation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 11 2020 | Brief amicus curiae of Muscogee (Creek) Nation filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 21 2020 | SET FOR ARGUMENT on Tuesday, April 21, 2020. |
| Feb 24 2020 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Feb 26 2020 | Record requested from the Court of Criminal Appeals of Oklahoma.. |
| Feb 26 2020 | The record received from the Court of Criminal Appeals of Oklahoma, the record has been electronically filed. |
| Mar 09 2020 | Record received from the U.S.D.C. Wagoner County of Oklahoma. (1-Box) |
| Mar 09 2020 | Brief amici curiae of Seventeen Oklahoma District Attorneys, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 13 2020 | Brief of respondent Oklahoma filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 19 2020 | CIRCULATED |
| Mar 20 2020 | Brief amicus curiae of City of Tulsa filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 20 2020 | Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Mar 20 2020 | Brief amicus curiae of United States filed. (Distributed) |
| Main DocumentProof of Service | |
| Mar 20 2020 | Brief amici curiae of States of Kansas, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 20 2020 | Brief amici curiae of International Municipal Lawyers Association, et al. filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 20 2020 | Joint motion of the parties, Muscogee (Creek) Nation, and the Solicitor General for enlargement of time for oral argument and for divided argument filed. |
| Proof of ServiceMain Document | |
| Mar 30 2020 | Joint motion of the parties, Muscogee (Creek) Nation, and the Solicitor General for enlargement of time for oral argument and for divided argument granted in part, and the time is divided as follows: 15 minutes for the petitioner, 15 minutes for Muscogee (Creek) Nation, 15 minutes for the respondent, and 15 minutes for the Solicitor General. |
| Apr 03 2020 | ORAL ARGUMENT POSTPONED. |
| Apr 10 2020 | Reply of petitioner Jimcy McGirt filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Apr 13 2020 | Argument to be rescheduled for May 2020. |
| Apr 15 2020 | RESCHEDULED FOR ARGUMENT on Monday, May 11, 2020. |
| May 11 2020 | Argued. For petitioner: Ian H. Gershengorn, Washington, D. C.; and Riyaz A. Kanji, Ann Arbor, Mich. (for Muscogee (Creek) Nation, as amicus curiae.) For respondent: Mithun Mansinghani, Solicitor General, Oklahoma City, Okla.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| Jul 09 2020 | Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Alito and Kavanaugh, JJ., joined, and in which Thomas, J., joined except as to footnote 9. Thomas, J., filed a dissenting opinion. |
| Aug 10 2020 | MANDATE ISSUED. |
| Aug 10 2020 | JUDGMENT ISSUED. |
| Jan 13 2023 | Record returned to Wagoner County of Oklahoma. (1-Box) |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Ian Heath Gershengorn Counsel of Record | Jenner & Block 1099 New York Ave., NW Suite 900 Washington, DC 20001 IGershengorn@jenner.com | 202-639-6869 |
| Party name: Jimcy McGirt | ||
| Attorneys for Respondent | ||
| Mithun Mansinghani Counsel of Record | Solicitor General Office of the Oklahoma Attorney General 313 NE 21st Street Oklahoma City, OK 73105 mithun.mansinghani@oag.ok.gov | 405-522-4392 |
| Party name: Oklahoma | ||
| Other | ||
| Robert David Cheren Counsel of Record | Baker & Hostetler LLP 2000 Key Tower, 127 Public Square Cleveland, OH 44114 rcheren@bakerlaw.com | 2168616648 |
| Party name: Oklahoma District Attorneys, et al. | ||
| Toby Crouse Counsel of Record | Office of Attorney General Derek Schmidt 120 S.W. 10th Avenue 2nd Floor Topeka, KS 66612 toby.crouse@ag.ks.gov | 785.368.6693 |
| Party name: States of Kansas, et al. | ||
| Blaine H. Evanson Counsel of Record | Gibson, Dunn & Crutcher LLP 3161 Michelson Dr. Irvine, CA 92612 bevanson@gibsondunn.com | 949-451-3805 |
| Party name: City of Tulsa | ||
| Robert Harlan Henry Counsel of Record | Robert H. Henry Law Firm 512 N. Broadway Avenue, Suite 230 Oklahoma City, OK 73102 rh@rhhenrylaw.com | 405-516-7824 |
| Party name: Tom Cole, Brad Henry, et al. | ||
| Keith James Hilzendeger Counsel of Record | Federal Public Defender, District of Arizona 850 West Adams Street Suite 201 Phoenix, AZ 85007 keith_hilzendeger@fd.org | 6023822700 |
| Party name: National Assoc of Criminal Defense Lawyers | ||
| Riyaz Amir Kanji Counsel of Record | Kanji & Kantzen, PLLC 303 Detroit Street Suite 400 Ann Arbor, MI 48104 rkanji@kanjikatzen.com | 734-769-5400 |
| Party name: Muscogee (Creek) Nation | ||
| Paul Robert Koster Counsel of Record | Emory Law School Supreme Court Advocacy Program 1301 Clifton Road Atlanta, GA 30322 paul.koster@emory.edu | 4047273957 |
| Party name: International Municipal Lawyers Association and National Sheriffs' Association | ||
| Mary Kathryn Nagle Counsel of Record | Pipestem Law P.C. 320 South Boston Ave, Suite 1705 Tulsa, OK 74103 mknagle@pipestemlaw.com | 2024070591 |
| Party name: National Indigenous Women's Resource Center, et al. | ||
| Chrissi Ross Nimmo Counsel of Record | Cherokee Nation P.O. Box 1533 Tahlequah, OK 74465-1533 chrissi-nimmo@cherokee.org | 9184586998 |
| Party name: Historians, Legal Scholars, and Cherokee Nation | ||
| Colette Routel Counsel of Record | Mitchell Hamline School of Law 875 Summit Avenue St. Paul, MN 55105 colette.routel@mitchellhamline.edu | 6512906327 |
| Party name: National Congress of American Indians Fund | ||
| Lynn H. Slade Counsel of Record | Modrall Sperling Roehl Harris & Sisk, P.A. P. O. Box 2168 Albuquerque, NM 87103 lynn.slade@modrall.com | 505-259-1828 |
| Party name: Environmental Federation of Oklahoma, Inc., | ||
| Jeffrey B. Wall | Sullivan & Cromwell LLP 1700 New York Ave NW Suite 700 Washington, DC 20006 wallj@sullcrom.com | (202) 956-7500 |
| Party name: United States | ||
| Jennifer H. Weddle Counsel of Record | Greenberg Traurig 1144 15th Street Suite 3300 Denver, CO 80202 weddlej@gtlaw.com | 3035726565 |
| Party name: Former United States Attorneys Troy A. Eid, Barry R. Grissom, Thomas B. Heffelfinger, David C. Iglesias, Brendan V. Johnson, Wendy Olson, Timothy Q. Purdon, and Danny C. Williams | ||