Becerra v. Northern Arapaho Tribe

Consolidated with:

Becerra v. San Carlos Apache Tribe

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
23-253	10th Cir.	Mar 25, 2024	Jun 6, 2024	5-4	Roberts	OT 2023

Holding: The Indian Self-Determination and Education Assistance Act requires the Indian Health Service to pay the contract support costs that a tribe incurs when it collects and spends program income " i.e., revenue from third-party payers like Medicare, Medicaid, and private insurers " to further the functions, services, activities, and programs transferred to it from IHS in a self-determination contract.

Judgment: Affirmed, 5-4, in an opinion by Chief Justice Roberts on June 6, 2024. Justice Kavanaugh filed a dissenting opinion, in which Justices Thomas, Alito, and Barrett joined.

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Date	Proceedings and Orders (key to color coding)
08/21/2023	Application (23A156) to extend the time to file a petition for a writ of certiorari from August 31, 2023 to September 20, 2023, submitted to Justice Gorsuch.
08/21/2023	Application (23A156) granted by Justice Gorsuch extending the time to file until September 20, 2023.
09/15/2023	Petition for a writ of certiorari filed. (Response due October 16, 2023)
10/11/2023	Brief of Northern Arapaho Tribe filed.
10/20/2023	Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
10/24/2023	DISTRIBUTED for Conference of 11/9/2023.
10/24/2023	Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. (Distributed)
11/13/2023	DISTRIBUTED for Conference of 11/17/2023.
11/20/2023	Petition GRANTED. The petition for a writ of certiorari in No. 23-250 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
11/20/2023	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.”
01/29/2024	SET FOR ARGUMENT on Monday, March 25, 2024. VIDED.
01/30/2024	Record requested from the United States Court of Appeals for the Tenth Circuit.
02/01/2024	Record received from the United States Court of Appeals for the Tenth Circuit. The record is electronic and is available on PACER.
02/14/2024	CIRCULATED
03/25/2024	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.
06/06/2024	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.
07/08/2024	Judgment Issued.