Herrera v. Wyoming
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-532 | Wyo. Dist. | Jan 8, 2019 | May 20, 2019 | 5-4 | Sotomayor | OT 2018 |
Holding: Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States”; the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Sotomayor on May 20, 2019. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined.
SCOTUSblog Coverage
- Opinion analysis: Court rejects issue preclusion in affirming Crow Tribe’s treaty hunting right (Gregory Ablavsky, May 20, 2019)
- OT2018 #15: "Second Best Opinion" (First Mondays, January 21, 2019)
- OT2018 #14: "Decent Take" (First Mondays, January 14, 2019)
- Argument analysis: Justices grapple with preclusion and “occupation” in Crow Tribe treaty case (Gregory Ablavsky, January 9, 2019)
- Argument preview: Tribes, treaties and animals return to the Supreme Court (Gregory Ablavsky, January 2, 2019)
| Date | Proceedings and Orders |
|---|---|
| Aug 07 2017 | Application (17A158) to extend the time to file a petition for a writ of certiorari from September 4, 2017 to October 5, 2017, submitted to Justice Sotomayor. |
| Aug 09 2017 | Application (17A158) granted by Justice Sotomayor extending the time to file until October 5, 2017. |
| Oct 05 2017 | Petition for a writ of certiorari filed. (Response due November 9, 2017) |
| Oct 12 2017 | Blanket Consent filed by Petitioner, Clayvin Herrera |
| Oct 24 2017 | Blanket Consent filed by Respondent, Wyoming |
| Nov 08 2017 | Brief amici curiae of Indian Law Professors filed. |
| Nov 09 2017 | Brief of respondent Wyoming in opposition filed. |
| Nov 09 2017 | Brief amicus curiae of Crow Tribe of Indians filed. |
| Nov 09 2017 | Brief amici curiae of Timothy P. McCleary, et al. filed. |
| Nov 28 2017 | Reply of petitioner Clayvin Herrera filed. |
| Nov 29 2017 | DISTRIBUTED for Conference of 1/5/2018. |
| Jan 08 2018 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| May 22 2018 | Brief amicus curiae of United States filed. |
| Jun 05 2018 | DISTRIBUTED for Conference of 6/21/2018. |
| Jun 05 2018 | Supplemental brief of petitioner Clayvin Herrera filed. (Distributed) |
| Jun 05 2018 | Supplemental brief of respondent Wyoming filed. (Distributed) |
| Jun 27 2018 | DISTRIBUTED for Conference of 6/27/2018. |
| Jun 28 2018 | Petition GRANTED. |
| Jul 30 2018 | Motion for an extension of time to file the opening briefs on the merits filed. |
| Jul 31 2018 | Blanket Consent filed by Petitioner, Clayvin Herrera. |
| Aug 02 2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2018. The time to file respondent's brief on the merits is extended to and including October 22, 2018. |
| Aug 27 2018 | Blanket Consent filed by Respondent, State of Wyoming |
| Sep 04 2018 | Joint appendix filed. |
| Sep 04 2018 | Brief of petitioner Clayvin Herrera filed. |
| Sep 10 2018 | Brief amicus curiae of Eastern Shoshone Tribe filed. |
| Sep 11 2018 | Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed. |
| Sep 11 2018 | Brief amici curiae of Shoshone-Bannock Tribes of the Fort Hall Reservation filed. |
| Sep 11 2018 | Brief amicus curiae of United States filed. |
| Sep 11 2018 | Brief amici curiae of Natural Resources Law Professors filed. |
| Sep 11 2018 | Brief amici curiae of Pacific and Inland Northwest Treaty Tribes filed. |
| Sep 11 2018 | Brief amici curiae of Timothy P. McCleary, et al. filed. |
| Sep 11 2018 | Brief amicus curiae of Crow Tribe of Indians filed. |
| Sep 11 2018 | Brief amici curiae of National Congress of American Indians, et al. filed. |
| Sep 11 2018 | Brief amici curiae of Indian Law Professors filed. |
| Oct 03 2018 | Motion of Clayvin Herrera for an extension of time not accepted for filing. (Corrected motion submitted - October 12, 2018) |
| Oct 11 2018 | Motion for a further extension of time to file respondent's brief on the merits filed. |
| Oct 12 2018 | Motion for a further extension of time to file respondent's brief on the merits granted and the time is extended to and including November 13, 2018. |
| Nov 13 2018 | Brief of respondent Wyoming filed. |
| Nov 15 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Nov 20 2018 | Brief amici curiae of Western Association of Fish and Wildlife Agencies, et al. filed. |
| Nov 20 2018 | Brief amici curiae of States of Nebraska, Kansas, Louisiana, North Dakota, South Dakota, and Texas filed. |
| Nov 20 2018 | Brief amicus curiae of Association of Fish and Wildlife Agencies filed. |
| Nov 20 2018 | Brief amici curiae of Wyoming Stock Growers Association, et al. filed. |
| Nov 20 2018 | Brief amicus curiae of Safari Club International filed. |
| Nov 20 2018 | Brief amici curiae of Citzen Equal Rights Foundation, Mille Lacs Equal Rights Foundation, City of Wakhon, Minnesota filed. |
| Nov 28 2018 | SET FOR ARGUMENT ON Tuesday, January 8, 2019 |
| Nov 30 2018 | CIRCULATED |
| Dec 03 2018 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Dec 11 2018 | Record requested from U.S.D.C. Wyoming, Sheridan County. |
| Dec 13 2018 | Reply of petitioner Clayvin Herrera filed. (Distributed) |
| Dec 27 2018 | Record from the District Court Wyoming, Sheridan County received (2 boxes). |
| Jan 08 2019 | Argued. For petitioner: George W. Hicks, Jr., Washington, D. C.; and Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: John G. Knepper, Chief Deputy Attorney General, Cheyenne, Wyo. |
| May 20 2019 | Judgment VACATED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined. |
| Jun 24 2019 | Record from District Court Wyoming, Sheridan County was returned. |
