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 Nations water rights (Matthew L.M. Fletcher, March 21, 2023)
- As drought persists in the west, justices to consider Navajo Nations 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 |
|---|---|
| 05/17/2022 | Petition for a writ of certiorari filed. (Response due June 24, 2022) |
| 06/16/2022 | Waiver of right of respondent Navajo Nation to respond filed. |
| 06/17/2022 | Waiver of right of respondent Arizona Power Authority to respond filed. |
| 06/21/2022 | Motion to extend the time to file a response from June 24, 2022 to July 25, 2022, submitted to The Clerk. |
| 06/23/2022 | Motion to extend the time to file a response is granted and the time is extended to and including July 25, 2022. |
| 07/15/2022 | Memorandum of respondents Department of the Interior, et al. filed. |
| 07/21/2022 | 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. |
| 07/22/2022 | The motion of the Navajo Nation is granted and the time to file a response is extended to and including September 23, 2022. |
| 09/23/2022 | Brief of respondent Navajo Nation in opposition filed. |
| 10/07/2022 | Reply of petitioners Arizona, et al. filed. (Distributed) |
| 10/12/2022 | DISTRIBUTED for Conference of 10/28/2022. |
| 10/31/2022 | DISTRIBUTED for Conference of 11/4/2022. |
| 11/04/2022 | 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. |
| 11/04/2022 | 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.” |
| 12/19/2022 | Brief of the Federal Parties filed. VIDED. |
| 12/19/2022 | Joint appendix filed. VIDED. (Statement of cost filed.) |
| 12/19/2022 | Brief of Colorado filed (as to 21-1484). |
| 12/19/2022 | Brief of Arizona, et al. filed. VIDED. |
| 12/27/2022 | Brief amici curiae of Western Water Users and Trade Associations filed. VIDED. |
| 12/27/2022 | Brief amicus curiae of Citizens Equal Rights Foundation in support of neither party (also in 22-51) filed. VIDED. |
| 12/28/2022 | Motion of respondent Navajo Nation for an extension of time filed. VIDED. |
| 01/03/2023 | 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. |
| 01/31/2023 | SET FOR ARGUMENT on Monday, March 20, 2023. VIDED. |
| 02/01/2023 | Brief of respondent Navajo Nation filed. VIDED |
| 02/03/2023 | Record requested from the U.S.C.A. for the Ninth Circuit. VIDED. |
| 02/03/2023 | All records from the USCA-9th Circuit are available on PACER. Sealed records from the USDC-Arizona were transmitted electronically. |
| 02/07/2023 | Motion for divided argument filed by the Solicitor General. VIDED. |
| 02/08/2023 | Amicus brief of Coalition of Large Tribes not accepted for filing. (February 09, 2023 - corrected efiling to be submitted). |
| 02/08/2023 | Brief amicus curiae of Coalition of Large Tribes filed. VIDED. (Distributed) |
| 02/08/2023 | Brief amici curiae of Historians filed. VIDED. (Distributed) |
| 02/08/2023 | Brief amici curiae of Southern Ute Indian Tribe and Ute Mountain Ute Tribe filed. VIDED. (Distributed) |
| 02/08/2023 | Brief amici curiae of Prof. Daniel McCool, Prof. Ezra Rosser, and Prof. David Wilkins filed. VIDED. (Distributed) |
| 02/08/2023 | Brief amicus curiae of Diné Hataalii Association, Inc. filed. VIDED. (Distributed) |
| 02/08/2023 | Brief amici curiae of Tribal Nations and Indian Organizations filed. VIDED. (Distributed) |
| 02/08/2023 | Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED. (Distributed) |
| 02/08/2023 | Brief amici curiae of Lawrence J. MacDonnell, et. al. filed. VIDED. (Distributed) |
| 02/08/2023 | Brief amici curiae of DigDeep Right to Water Project, et al. filed (Feb.14, 2023). VIDED. (Distributed) |
| 02/10/2023 | CIRCULATED |
| 03/03/2023 | Reply of Arizona, et al. filed. VIDED. (Distributed) |
| 03/03/2023 | Reply of Colorado filed (as to 21-1484). (Distributed) |
| 03/03/2023 | Reply of Federal Parties filed. VIDED. (Distributed) |
| 03/17/2023 | Motion for divided argument filed by the Solicitor General GRANTED. VIDED. |
| 03/20/2023 | 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. |
| 04/07/2023 | Letter filed. VIDED. (Distributed) |
| 06/22/2023 | 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. |
| 07/24/2023 | Judgment issued. |