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Arizona v. Navajo Nation
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1484 | 9th Cir. |
Mar 20, 2023 |
Jun 22, 2023 | 5-4 | Kavanaugh | OT 2022 |
Holding: The 1868 treaty establishing the Navajo Reservation reserved necessary water to accomplish the purpose of the Navajo Reservation but did not require the United States to take affirmative steps to secure water for the tribe.
Judgment: Reversed, 5-4, in an opinion by Justice Kavanaugh on June 22, 2023. Justice Thomas filed a concurring opinion. Justice Gorsuch filed a dissenting opinion, in which Justices Sotomayor, Kagan, and Jackson joined.
SCOTUSblog Coverage
- Supreme Court rules 5-4 against Navajo Nation in water rights dispute (Matthew L.M. Fletcher, June 22, 2023)
- Justices appear divided over Navajo Nation’s water rights (Matthew L.M. Fletcher, March 21, 2023)
- As drought persists in the west, justices to consider Navajo Nation’s rights to Colorado River (Matthew L.M. Fletcher, March 17, 2023)
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Justices grant review in cases on patents, trademarks, and water rights for Native Americans (Amy Howe, November 4, 2022)
- Intellectual property and Navajo water rights (John Elwood, November 2, 2022)
- Medical marijuana money and purses without probable cause (Kalvis Golde, June 10, 2022)
| Date | Proceedings and Orders |
|---|---|
| May 17 2022 | Petition for a writ of certiorari filed. (Response due June 24, 2022) |
| Jun 16 2022 | Waiver of right of respondent Navajo Nation to respond filed. |
| Jun 17 2022 | Waiver of right of respondent Arizona Power Authority to respond filed. |
| Jun 21 2022 | Motion to extend the time to file a response from June 24, 2022 to July 25, 2022, submitted to The Clerk. |
| Jun 23 2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022. |
| Jul 15 2022 | Memorandum of respondents Department of the Interior, et al. filed. |
| Jul 21 2022 | Motion of the Navajo Nation seeking an extension of time to file a response from July 25, 2022 to September 23, 2022, submitted to The Clerk. |
| Jul 22 2022 | The motion of the Navajo Nation is granted and the time to file a response is extended to and including September 23, 2022. |
| Sep 23 2022 | Brief of respondent Navajo Nation in opposition filed. |
| Oct 07 2022 | Reply of petitioners Arizona, et al. filed. (Distributed) |
| Oct 12 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 04 2022 | Petition GRANTED. The petition for a writ of certiorari in No. 22-51 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Nov 04 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. 21-1484. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-1484. 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.” |
| Dec 19 2022 | Brief of the Federal Parties filed. VIDED. |
| Dec 19 2022 | Joint appendix filed. VIDED. (Statement of cost filed.) |
| Dec 19 2022 | Brief of Colorado filed (as to 21-1484). |
| Dec 19 2022 | Brief of Arizona, et al. filed. VIDED. |
| Dec 27 2022 | Brief amici curiae of Western Water Users and Trade Associations filed. VIDED. |
| Dec 27 2022 | Brief amicus curiae of Citizens Equal Rights Foundation in support of neither party (also in 22-51) filed. VIDED. |
| Dec 28 2022 | Motion of respondent Navajo Nation for an extension of time filed. VIDED. |
| Jan 03 2023 | Motion to extend the time to file the brief on the merits of respondent Navajo Nation is granted and the time is extended to and including February 1, 2023. VIDED. |
| Jan 31 2023 | SET FOR ARGUMENT on Monday, March 20, 2023. VIDED. |
| Feb 01 2023 | Brief of respondent Navajo Nation filed. VIDED |
| Feb 03 2023 | Record requested from the U.S.C.A. for the Ninth Circuit. VIDED. |
| Feb 03 2023 | All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Arizona were transmitted electronically. |
| Feb 07 2023 | Motion for divided argument filed by the Solicitor General. VIDED. |
| Feb 08 2023 | Amicus brief of Coalition of Large Tribes not accepted for filing. (February 09, 2023 - corrected efiling to be submitted). |
| Feb 08 2023 | Brief amicus curiae of Coalition of Large Tribes filed. VIDED. (Distributed) |
| Feb 08 2023 | Brief amici curiae of Historians filed. VIDED. (Distributed) |
| Feb 08 2023 | Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed. VIDED. (Distributed) |
| Feb 08 2023 | Brief amici curiae of Prof. Daniel McCool, Prof. Ezra Rosser, and Prof. David Wilkins filed. VIDED. (Distributed) |
| Feb 08 2023 | Brief amicus curiae of Diné Hataalii Association, Inc. filed. VIDED. (Distributed) |
| Feb 08 2023 | Brief amici curiae of Tribal Nations and Indian Organizations filed. VIDED. (Distributed) |
| Feb 08 2023 | Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED. (Distributed) |
| Feb 08 2023 | Brief amici curiae of Lawrence J. MacDonnell, et. al. filed. VIDED. (Distributed) |
| Feb 08 2023 | Brief amici curiae of DigDeep Right to Water Project, et al. filed (Feb.14, 2023). VIDED. (Distributed) |
| Feb 10 2023 | CIRCULATED |
| Mar 03 2023 | Reply of Arizona, et al. filed. VIDED. (Distributed) |
| Mar 03 2023 | Reply of Colorado filed (as to 21-1484). (Distributed) |
| Mar 03 2023 | Reply of Federal Parties filed. VIDED. (Distributed) |
| Mar 17 2023 | Motion for divided argument filed by the Solicitor General GRANTED. VIDED. |
| Mar 20 2023 | Argued. For federal parties: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For state parties: Rita P. Maguire, Phoenix, Ariz. For Navajo Nation: Shay Dvoretzky, Washington, D. C. VIDED. |
| Apr 07 2023 | Letter filed. VIDED. (Distributed) |
| Jun 22 2023 | Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Thomas, J., filed a concurring opinion. Gorsuch, J., filed a dissenting opinion, in which Sotomayor, Kagan, and Jackson, JJ., joined. VIDED. |
| Jul 24 2023 | Judgment issued. |
