| No. 23-250 Vide 23-253 | |
| Title: | Xavier Becerra, Secretary of Health and Human Services, et al., Petitioners v. San Carlos Apache Tribe |
| Docketed: | September 15, 2023 |
| Linked with 23A103 | |
| Lower Ct: | United States Court of Appeals for the Ninth Circuit |
| Case Numbers: | (21-15641) |
| Decision Date: | November 21, 2022 |
| Rehearing Denied: | May 16, 2023 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Aug 03 2023 | Application (23A103) to extend the time to file a petition for a writ of certiorari from August 14, 2023 to September 13, 2023, submitted to Justice Kagan. |
| Main DocumentProof of Service | |
| Aug 04 2023 | Application (23A103) granted by Justice Kagan extending the time to file until September 13, 2023. |
| Sep 13 2023 | Petition for a writ of certiorari filed. (Response due October 16, 2023) |
| PetitionProof of Service | |
| Oct 11 2023 | Response to petition from respondent San Carlos Apache Tribe filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Oct 20 2023 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners. |
| Main Document | |
| Oct 24 2023 | DISTRIBUTED for Conference of 11/9/2023. |
| Oct 24 2023 | Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. (Distributed) |
| Main DocumentCertificate of Word Count | |
| Nov 13 2023 | DISTRIBUTED for Conference of 11/17/2023. |
| Nov 20 2023 | Petition GRANTED. The petition for a writ of certiorari in No. 23-253 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. |
| Nov 20 2023 | 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. 23-250. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-250. 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.” |
| Jan 04 2024 | Brief of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED. |
| Main DocumentProof of Service | |
| Jan 04 2024 | Joint appendix filed. VIDED. (Statement of cost filed.) |
| Main DocumentProof of Service | |
| Jan 22 2024 | Motion for an extension of time to file respondents' briefs on the merits filed. VIDED. |
| Main DocumentProof of Service | |
| Jan 26 2024 | Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including February 12, 2024. VIDED. |
| Jan 29 2024 | SET FOR ARGUMENT on Monday, March 25, 2024. VIDED. |
| Jan 30 2024 | Record requested from the United States Court of Appeals for the Ninth Circuit. |
| Feb 01 2024 | Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER. |
| Feb 12 2024 | Brief of respondent San Carlos Apache Tribe (as to 23-250) filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 12 2024 | Brief of respondent Northern Arapaho Tribe (as to 23-253) filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 12 2024 | Motion for divided argument filed by respondents. VIDED. |
| Main DocumentProof of Service | |
| Feb 14 2024 | CIRCULATED |
| Feb 19 2024 | Amicus brief of National Indian Health Board not accepted for filing. (Distributed). (February 28, 2024 - to be corrected.) |
| Feb 19 2024 | Brief amici curiae of National Indian Health Board, et al. filed. VIDED. (Corrected brief - February 29, 2024). (Distributed). |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 20 2024 | Amici brief of National Congress of American Indians and Various Tribes and Tribunal Organizations not accepted for filing. (Feb. 28, 2024--to be corrected.) |
| Feb 20 2024 | Amici brief of National Congress of American Indians, et al. not accepted for filing. (February 29, 2024 - to be corrected.) |
| Feb 20 2024 | Brief amici curiae of National Congress of American Indians filed. (Corrected version--March 1, 2024.) VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 20 2024 | Brief amici curiae of Legal Scholars filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 20 2024 | Brief amicus curiae of NAFOA filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 20 2024 | Brief amici curiae of Coalition of Large Tribes, et al. filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Feb 26 2024 | Motion for divided argument filed by respondents GRANTED. VIDED. |
| Mar 13 2024 | Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed) |
| Main DocumentProof of Service | |
| Mar 25 2024 | Argued. For petitioners: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 23-253: Adam G. Unikowsky, Washington, D. C. For respondent in 23-250: Lloyd B. Miller, Washington, D. C. VIDED. |
| Jun 06 2024 | Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas, Alito, and Barrett, JJ., joined. VIDED. |
| Jul 08 2024 | 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: Xavier Becerra, Secretary of Health and Human Services, et al. | ||
| Attorneys for Respondent | ||
| Lloyd Benton Miller Counsel of Record | Sonosky, Chambers, Sachse, Endreson & Perry LLP 1425 K Street, NW Washington, DC 20005 Lloyd@sonosky.net | (202) 682-0240 |
| Party name: San Carlos Apache Tribe | ||
| Adam G. Unikowsky Counsel of Record | Jenner & Block LLP 1099 New York Avenue, NW Suite 900 Washington, DC 20001 AUNIKOWSKY@JENNER.COM | 202-639-6865 |
| Party name: Northern Arapaho Tribe | ||
| Carter G. Phillips | Sidley Austin LLP Sidley Austin LLP 1501 K Street, N.W. Washington, DC 20005 CPHILLIPS@SIDLEY.COM | +1 202 736 8270 |
| Party name: San Carlos Apache Tribe | ||
| Other | ||
| Andrew Baldwin Brantingham Counsel of Record | Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 brantingham.andrew@dorsey.com | 612-340-2600 |
| Party name: National Indian Health Board | ||
| Steven Douglas Gordon Counsel of Record | Holland & Knight 800 17th Street Northwest, Suite 1100 Washington, DC 20006 steven.gordon@hklaw.com | 202-955-3000 |
| Party name: NATIONAL CONGRESS OF AMERICAN INDIANS AND VARIOUS TRIBES AND TRIBAL ORGANIZATIONS | ||
| Carl Bryant Rogers Counsel of Record | VanAmberg Rogers Yepa Abeita Gomez & Wilkinson 347 E. Palace Ave. Santa Fe, NM 87501 cbrogers@nmlawgroup.com | (505) 988-8979 |
| Party name: NAFOA | ||
| Seth P. Waxman Counsel of Record | Wilmer Cutler Pickering Hale and Dorr LLP 2100 Pennsylvania Ave, NW Washington, DC 20037 SETH.WAXMAN@WILMERHALE.COM | 202-663-6800 |
| Party name: Legal Scholars | ||
| Jennifer H. Weddle Counsel of Record | Greenberg Traurig 1144 15th Street Ste. 3300 Denver, CO 80202 weddlej@gtlaw.com | 13035726565 |
| Party name: Coalition of Large Tribes | ||