Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

Linked with:

• Salazar v. Patchak

Holding: The federal government has waived its sovereign immunity from the respondent’s suit under the Administrative Procedure Act, in which he alleges that Section 465 of the Indian Reorganization Act did not authorize the Secretary of the Interior to acquire into trust property that the Band intended to use for “gaming purposes” because the Band was not a federally recognized tribe when the Indian Reorganization Act was enacted in 1934. Moreover, the respondent has prudential standing to challenge the Secretary’s acquisition of the land in question.

Plain English Summary: In this case, the federal government took certain land into trust for an Indian tribe, which means that it took ownership of the land to allow the tribe to use it. The tribe planned to build a casino on the land. The Supreme Court held that a neighbor could sue the government to stop the casino project on the ground that the law did not permit the government to take the land into trust for this particular tribe.

Judgment: Affirmed, 8-1, in an opinion by Justice Kagan on June 18, 2012. Justice Sotomayor filed a dissenting opinion.

Briefs and Documents

Merits Briefs for the Petitioners

• Brief for the Match-E-Be-Nash-She-Wish Band of the Pottawatomie Indians
• Reply Brief for Petitioner Match-E-Be-Nash-She-Wish Band of Pottawatomie Indians
• Brief for the Federal Petitioners
• Reply Brief for the Federal Petitioners

Amicus Briefs in Support of the Petitioners

• Brief for the National Congress of American Indians and Native American Finance Officers Assn.
• Brief for Wayland Township et al.

Merits Briefs for the Respondents

• Brief for David Patchak

Certiorari-stage documents

• Opinion below (D.C. Cir.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Wayland Township, Allegan County
• Amicus brief of National Congress of American Indians
• Petitioner's reply