Department of the Interior v. Navajo Nation
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-51 | 9th Cir. |
Mar 20, 2023 |
TBD | TBD | TBD | OT 2022 |
Issue: Whether the federal government owes the Navajo Nation an affirmative, judicially enforceable fiduciary duty to assess and address the Navajo Nation’s need for water from particular sources, in the absence of any substantive source of law that expressly establishes such a duty.
SCOTUSblog Coverage
- 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)
- Water and electric quarrels test the limits of tribal power (Kalvis Golde, August 5, 2022)
| Date | Proceedings and Orders |
|---|---|
| May 06 2022 | Application (21A704) to extend the time to file a petition for a writ of certiorari from May 18, 2022 to June 17, 2022, submitted to Justice Kagan. |
| May 10 2022 | Application (21A704) granted by Justice Kagan extending the time to file until June 17, 2022. |
| Jun 07 2022 | Application (21A704) to extend further the time from June 17, 2022 to July 15, 2022, submitted to Justice Kagan. |
| Jun 08 2022 | Application (21A704) granted by Justice Kagan extending the time to file until July 15, 2022. |
| Jul 15 2022 | Petition for a writ of certiorari filed. (Response due August 18, 2022) |
| Jul 21 2022 | Motion to extend the time to file a response from August 18, 2022 to September 23, 2022, submitted to The Clerk. |
| Jul 22 2022 | Motion to extend the time to file a response is granted and the time is extended to and including September 23, 2022, for all respondents. |
| Sep 23 2022 | Brief of respondent Navajo Nation in opposition filed. |
| Sep 23 2022 | Brief in support of petition from respondent Arizona, et al. filed. |
| Oct 12 2022 | DISTRIBUTED for Conference of 10/28/2022. |
| Oct 13 2022 | Reply of petitioners Department of the Interior, et al. filed. (Distributed) |
| Oct 31 2022 | DISTRIBUTED for Conference of 11/4/2022. |
| Nov 04 2022 | Petition GRANTED. The petition for a writ of certiorari in No. 21-1484 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. |
| 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.” |
| Jan 31 2023 | SET FOR ARGUMENT on Monday, March 20, 2023. VIDED. |
| Feb 13 2023 | CIRCULATED |
| 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. |
| 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. |
