| No. 21-376 Vide 21-377, 21-378, 21-380 | |
| Title: | Deb Haaland, Secretary of the Interior, et al., Petitioners v. Chad Everet Brackeen, et al. |
| Docketed: | September 8, 2021 |
| Linked with 21A555, 22A171 | |
| Lower Ct: | United States Court of Appeals for the Fifth Circuit |
| Case Numbers: | (18-11479) |
| Decision Date: | April 6, 2021 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Sep 03 2021 | Petition for a writ of certiorari filed. (Response due October 8, 2021) |
| PetitionAppendixProof of Service | |
| Sep 24 2021 | Motion of Chad E. Brackeen, et al. to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk. |
| Main Document | |
| Sep 24 2021 | Motion of Texas to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk. |
| Main Document | |
| Sep 27 2021 | The motions to extend the time to file responses are granted and the time is extended to and including November 8, 2021, for all respondents. |
| Oct 06 2021 | Waiver of right of respondent Navajo Nation to respond filed. |
| Main Document | |
| Oct 08 2021 | Brief amici curiae of Goldwater Institute, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 08 2021 | Brief amici curiae of California, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 08 2021 | Brief amici curiae of Casey Family Programs, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 08 2021 | Brief amici curiae of 180 Indian Tribes and 35 Tribal Organizations filed. |
| Main DocumentProof of ServiceCertificate of Word CountOther | |
| Oct 25 2021 | Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk. |
| Main Document | |
| Oct 29 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021, for all respondents. |
| Dec 08 2021 | Brief of respondents Chad Everet Brackeen, et al. filed. VIDED. |
| Main DocumentOtherProof of Service | |
| Dec 08 2021 | Brief of respondents Texas in opposition filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 22 2021 | DISTRIBUTED for Conference of 1/7/2022. |
| Dec 22 2021 | Reply of petitioners Deb Haaland, Secretary of the Interior, et al. filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Jan 10 2022 | DISTRIBUTED for Conference of 1/14/2022. |
| Jan 18 2022 | DISTRIBUTED for Conference of 1/21/2022. |
| Feb 11 2022 | DISTRIBUTED for Conference of 2/18/2022. |
| Feb 22 2022 | DISTRIBUTED for Conference of 2/25/2022. |
| Feb 28 2022 | Petition GRANTED. The petitions for writs of certiorari in Nos. 21-377, 21-378, and 21-380 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Parties that were plaintiffs/appellees in the lower courts shall file opening and reply briefs in conformity with Rules 33.1(g)(v) and 33.1(g)(vii), under the schedule set forth in Rules 25.1 and 25.3. Parties that were defendants/appellants in the lower courts shall file briefs in conformity with Rule 33.1(g)(vi), under the schedule set forth in Rule 25.2. |
| Feb 28 2022 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-376. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-376. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Mar 18 2022 | Blanket Consent filed by Chad Everet Brackeen, et al. VIDED. |
| Blanket Consent | |
| Mar 18 2022 | Blanket Consent filed by Texas. VIDED. |
| Blanket Consent | |
| Mar 18 2022 | Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED. |
| Main Document | |
| Mar 29 2022 | Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and the opening briefs on the merits is extended to and including May 26, 2022. The time to file the response briefs on the merits is extended to and including August 5, 2022. VIDED. |
| Mar 29 2022 | Application (21A555) to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Alito. |
| Proof of ServiceMain Document | |
| Mar 31 2022 | Application (21A555) granted by Justice Alito to file consolidated briefs on the merits in excess of the word limits, provided that plaintiffs/appellees file two consolidated opening briefs on the merits of no more than 20,000 words each and two consolidated reply briefs on the merits of no more than 8,000 words each, and that defendants/appellants file three consolidated response briefs on the merits of no more than 22,500 words each. |
| May 26 2022 | Brief of plaintiff/appellee The State of Texas filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| May 26 2022 | Brief of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| May 26 2022 | Joint appendix filed (statement of costs filed). VIDED. |
| Main DocumentProof of Service | |
| Jun 01 2022 | Brief amici curiae of Goldwater Institute, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2022 | Brief amicus curiae of Foster Parents and Pacific Legal Foundation in support of Chad Everet Brackeen, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2022 | Brief amicus curiae of Project on Fair Representation filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 01 2022 | Brief amici curiae of States of Ohio and Oklahoma filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 02 2022 | Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 02 2022 | Brief amici curiae of Academy of Adoption and Assisted Reproduction Attorneys, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 02 2022 | Brief amicus curiae of New Civil Liberties Alliance in support of Texas filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 02 2022 | Brief amicus curiae of Citizens for Equal Rights Foundation in support of neither party filed. VIDED |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jul 21 2022 | Blanket Consent filed by Respondent, Cherokee Nation, et al. |
| Blanket Consent | |
| Jul 21 2022 | Blanket Consent filed by Respondent, Navajo Nation |
| Blanket Consent | |
| Aug 01 2022 | Motion for a further extension of time within which to file the response briefs on the merits filed. VIDED. |
| Main Document | |
| Aug 03 2022 | ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED. |
| Aug 03 2022 | Motion to further extend the time within which to file the response briefs on the merits granted, and the time is extended to and including August 12, 2022. VIDED. |
| Aug 12 2022 | Brief of defendants-appellants tribal parties filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 12 2022 | Brief of defendants-appellants federal parties filed. VIDED. |
| Main DocumentCertificate of Word Count | |
| Aug 15 2022 | Blanket Consent filed by Petitioner, Deb Haaland, Secretary of the Interior, et al. |
| Blanket Consent | |
| Aug 17 2022 | Brief amicus curiae of Counsel for the County of Los Angeles filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 18 2022 | Brief amicus curiae of Aubrey Nelson and Sam Evans-Brown filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 18 2022 | Brief amici curiae of American Civil Liberties Union and Fourteen Affiliates filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 18 2022 | Brief amicus curiae of American Bar Association filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 18 2022 | Brief amicus curiae of Senator James Abourezk filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 18 2022 | Brief amici curiae of Administrative Law and Constitutional Law Professors, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 18 2022 | Amicus brief of National Association of Counsel for Children and 30 other children's rights organizations not accepted for filing. (Corrected brief and PDF to be submitted.) |
| Aug 18 2022 | Brief amici curiae of National Association of Counsel for Children, et al. filed. VIDED. (Aug. 30, 2022) |
| Main DocumentOtherCertificate of Word CountProof of Service | |
| Aug 19 2022 | Application (22A171) of plaintiffs/appellees to extend the time to file their consolidated reply briefs on the merits from September 12, 2022 to October 3, 2022, submitted to Justice Alito. VIDED. |
| Main DocumentProof of Service | |
| Aug 19 2022 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amicus curiae of Professor Gregory Ablavsky filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of Casey Family Programs, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of Indian Law Professors filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of 87 Members of Congress filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amicus curiae of Robyn Bradshaw filed. VIDED |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of Former Foster Children filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of Family Defense Providers filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of California, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of 497 Indian Tribes and 62 Tribal and Indian Organizations filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Aug 19 2022 | Brief amicus curiae of Constitutional Accountability Center filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of American Psychological Association, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 19 2022 | Brief amici curiae of American Academy of Pediatrics and American Medical Association filed. VIDED. |
| Certificate of Word CountProof of ServiceMain Document | |
| Aug 19 2022 | Motion for divided argument and enlargement of time for oral argument filed by the Solicitor General. VIDED. |
| Main DocumentProof of Service | |
| Aug 19 2022 | Amicus brief of American Historical Association and Organization of American Historians not accepted for filing. (Corrected brief and PDF to be submitted.) |
| Aug 19 2022 | Brief amici curiae of American Historical Association, et al. filed. VIDED. (Aug. 30, 2022) |
| Main DocumentCertificate of Word CountProof of Service | |
| Aug 21 2022 | CIRCULATED |
| Aug 25 2022 | Application (22A171) granted by Justice Alito extending the time to file the reply briefs on the merits to and including October 3, 2022. VIDED. |
| Sep 12 2022 | Record requested from the U.S.C.A. 5th Circuit. |
| Sep 12 2022 | The record from the U.S.C.A. 5th circuit is electronic and located on Pacer. |
| Sep 13 2022 | The record received from the U.S.D.C. Northern District of Texas has been electronically filed. |
| Oct 03 2022 | Motion for divided argument and enlargement of time for oral argument filed by the Solicitor General GRANTED. VIDED. |
| Oct 03 2022 | Reply of plaintiff/appellee Texas filed. VIDED (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 03 2022 | Reply of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 09 2022 | Argued. For Chad Everet Brackeen, et al.: Matthew D. McGill, Washington, D. C. For Texas: Judd E. Stone, II, Solicitor General, Austin, Tex. For federal parties: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For tribal parties: Ian H. Gershengorn, Washington, D. C. VIDED. |
| Jun 15 2023 | Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED AND REMANDED IN PART. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Sotomayor and Jackson, JJ., joined as to Parts I and III. Kavanaugh, J., filed a concurring opinion. Thomas, J., and Alito, J., filed dissenting opinions. VIDED. |
| Jul 17 2023 | Judgment issued. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioners | ||
| Elizabeth B. Prelogar Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 202-514-2217 |
| Party name: Deb Haaland, Secretary of the Interior, et al. | ||
| Attorneys for Respondents | ||
| 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: Cherokee Nation, et al. | ||
| Matthew Dempsey McGill Counsel of Record | Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, NW Washington, DC 20036 mmcgill@gibsondunn.com | 202-887-3680 |
| Party name: Chad Everet Brackeen, et al. | ||
| Paul Wesley Spruhan Counsel of Record | Navajo Naton Department of Justice P.O. Box 2010 Window Rock, Navajo Nation, AZ 86515 pspruhan@nndoj.org | (928) 871-6210 |
| Party name: Navajo Nation | ||
| Judd Edward Stone II Counsel of Record | Texas Attorney General's Office P.O. Box 12548 (MC 059) Austin, TX 78711-2548 judd.stone@oag.texas.gov | 512-936-1700 |
| Party name: The State of Texas | ||
| Other | ||
| Keith Bradley Counsel of Record | Squire Patton Boggs (U.S.) LLP 717 17th Street, Suite 1825 Denver, CO 80202 keith.bradley@squirepb.com | 303-830-1776 |
| Party name: American Academy of Pediatrics and American Medical Association | ||
| Beth Susan Brinkmann Counsel of Record | Covington & Burling LLP 850 Tenth Street, NW Washington, DC 20001-4956 bbrinkmann@cov.com | 202-662-5312 |
| Party name: American Psychological Association, Society of Indian Psychologists, Indiana Psychological Association, Louisiana Psychological Association, and Texas Psychological Association | ||
| Ze-wen Julius Chen Counsel of Record | Akin Gump Strauss Hauer & Feld LLP 2001 K Street N.W. Washington, DC 20006 chenj@akingump.com | 202-887-4475 |
| Party name: American Historical Association and Organization of American Historians | ||
| David Steven Coale Counsel of Record | Lynn Pinker Hurst & Schwegmann, LLP 2100 Ross Avenue, Suite 2700 Dallas, TX 75201 dcoale@lynnllp.com | (214) 981-3100 |
| Party name: Administrative Law and Constitutional Law Professors | ||
| John Michael Connolly Counsel of Record | Consovoy McCarthy PLLC 1600 Wilson Blvd Suite 700 Arlington, VA 22209 mike@consovoymccarthy.com | 7032439423 |
| Party name: Project on Fair Representation | ||
| Erin Christine Dougherty Lynch Counsel of Record | Native American Rights Fund 745 W. 4th Avenue, Suite 502 Anchorage, AK 99501 dougherty@narf.org | (907) 276-0680 |
| Party name: 497 Indian Tribes and 62 Tribal and Indian Organizations | ||
| Erin Christine Dougherty Lynch Counsel of Record | Native American Rights Fund 745 W. 4th Avenue, Suite 502 Anchorage, AK 99501 dougherty@narf.org | 9072760680 |
| Party name: 180 Indian Tribes and 35 Tribal Organizations | ||
| Oliver James Dunford Counsel of Record | Pacific Legal Foundation 4440 PGA Boulevard Suite 307 Palm Beach Gardens, FL 33410 odunford@pacificlegal.org | 916.503.9060 |
| Party name: Foster Parents and Pacific Legal Foundation | ||
| Kathryn Ann Eidmann Counsel of Record | Public Counsel 610 S. Ardmore Ave. Los Angeles, CA 90005 keidmann@publiccounsel.org | 2133852977 |
| Party name: National Association of Counsel for Children and 30 other children's rights organizations | ||
| Benjamin Michael Flowers Counsel of Record | Ohio Attorney General Dave Yost 30 E. Broad St. Columbus, OH 43215 benjamin.flowers@ohioattorneygeneral.gov | 6144668980 |
| Party name: States of Ohio and Oklahoma | ||
| Brianne Jenna Gorod Counsel of Record | Constitutional Accountability Center 1200 18th Street, NW Suite 501 Washington, DC 20036 brianne@theusconstitution.org | 202 296 6889 |
| Party name: Constitutional Accountability Center | ||
| Kathleen Roberta Hartnett Counsel of Record | Cooley LLP 3 Embarcadero Center San Francisco, CA 94111 khartnett@cooley.com | (415) 693-2000 |
| Party name: American Civil Liberties Union and Fourteen Affiliates | ||
| Hyland Hunt Counsel of Record | Deutsch Hunt PLLC 300 New Jersey Ave., NW Suite 900 Washington, DC 20001 hhunt@deutschhunt.com | 2028686915 |
| Party name: Casey Family Programs and Ten Other Child Welfare and Adoption Organizations | ||
| Larry Stuart Jenkins Counsel of Record | Kirton McConkie 50 East South Temple Street, Suite 400 Salt Lake City, UT 84111 ljenkins@kmclaw.com | (801) 328-3600 |
| Party name: Academy of Adoption and Assisted Reproduction Attorneys and National Council for Adoption | ||
| Lawrence A. Kogan Counsel of Record | The Kogan Law Group, P.C. 100 United Nations Plaza Suite #14F New York, NY 10017 lkogan@koganlawgroup.com | 917-565-1521 |
| Party name: Citizens for Equal Rights Foundation | ||
| Michelle T. Miano Counsel of Record | Barnhouse Keegan Solimon & West LLP 7424 4th Street NW Los Ranchos de Albuquerque, NM 87107 mmiano@indiancountrylaw.com | 505-842-6123 |
| Party name: Professor Gregory Ablavsky | ||
| Mary Kathryn Nagle Counsel of Record | Mary Kathryn Nagle, Esq. P.O. Box 506 McLean, VA 22101 mkn@mknaglelaw.onmicrosoft.com | 2024070591 |
| Party name: National Indigenous Women's Resource Center | ||
| April Erin Olson Counsel of Record | Rothstein Donatelli LLP 1501 West Fountainhead Parkway, Suite #360 Tempe, AZ 85282 aeolson@rothsteinlaw.com | 4809219296 |
| Party name: Aubrey Nelson and Sam Evans-Brown | ||
| Joshua Patashnik Counsel of Record | California Department of Justice 600 West Broadway, Suite 1800 San Diego, CA 92101 josh.patashnik@doj.ca.gov | 619-738-9628 |
| Party name: State of California | ||
| Rebecca Ann Patterson Counsel of Record | Sonosky, Chambers, Sachse, Miller and Monkman, LLP 510 L. Street, Suite 310 Anchorage, AK 99501 rebecca@sonosky.net | 9072586377 |
| Party name: Former Foster Children | ||
| Brian Rosner Counsel of Record | New Civil Liberties Alliance 1225 19th Street NW, Suite 450 Washington, DC, DC 20036 BRosner1517@gmail.com | 202-869-5210 |
| Party name: New Civil Liberties Alliance | ||
| Charles Rothfeld Counsel of Record | Mayer Brown LLP 1999 K St NW Washington, DC 20006 crothfeld@mayerbrown.com | 202-263-3233 |
| Party name: Family Defense Providers | ||
| Timothy Mason Sandefur Counsel of Record | Goldwater Institute 500 E. Coronado Road Phoenix, AZ 85004 tsandefur@goldwaterinstitute.org | 6024625000 |
| Party name: Goldwater Institute, et al. | ||
| Alan Evan Schoenfeld Counsel of Record | Wilmer, Cutler, Pickering, Hale and Dorr, LLP 7 World Trade Center, 250 World Trade Center New York, NY 10007 alan.schoenfeld@wilmerhale.com | (212) 230-8800 |
| Party name: 87 Members of Congress | ||
| Daniel P. Sheehan Counsel of Record | Lakota People’s Law Project, The Romero Institute 210 High Street, Second Floor Santa Cruz, CA 95060 daniel.sheehan@romeroinstitute.org | (831) 706-6826 |
| Party name: Senator James Abourezk | ||
| Geoffrey D. Strommer Counsel of Record | Hobbs, Straus, Dean & Walker, LLP 215 SW Washington St. Suite 200 Portland, OR 97204 gstrommer@hobbsstraus.com | 5032421745 |
| Party name: American Bar Association | ||
| Krystal Brunner Swendsboe Counsel of Record | Wiley Rein LLP 2050 M Street NW Washington, DC 20036 Kswendsboe@wiley.law | 202-719-4197 |
| Party name: Christian Alliance for Indian Child Welfare and ICWA Children and Families | ||
| Conor Denali Tucker Counsel of Record | Wilson Sonsini Goodrich & Rosati LLP 633 West Fifth Street, Suite 1550 Los Angeles, CA 90071 ctucker@wsgr.com | (323) 210-2900 |
| Party name: Robyn Bradshaw | ||
| Melania Vartanian Counsel of Record | Los Angeles 648 Kenneth Hahn Hall of Administration, 500 W. Temple Street Los Angeles, CA 90012 mvartanian@counsel.lacounty.gov | 2134185613 |
| Party name: Counsel for the County of Los Angeles | ||
| April Dennise Youpee-Roll Counsel of Record | 4146 4th Ave Los Angeles, CA 90008 april.youpee.roll@gmail.com | 406-396-3147 |
| Party name: Indian Law Professors | ||