Menominee Indian Tribe of Wisconsin v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-510 | D.C. Cir. | Dec 1, 2015 | Jan 25, 2016 | 9-0 | Alito | OT 2015 |
Holding: Equitable tolling is not available to preserve contract claims that were not timely presented to a federal contracting officer because there were no extraordinary circumstances beyond the tribe’s control: the tribe had unilateral authority to present its claims in a timely manner, and its claimed obstacles – a mistaken reliance on a putative class action and a belief that presentment was futile – were not outside the tribe’s control.
Judgment: Affirmed, 9-0, in an opinion by Justice Alito on January 25, 2016.
SCOTUSblog Coverage
- Opinion analysis: Justices rebuff tribe’s claim for equitable tolling in government-contract dispute (Ronald Mann, January 25, 2016)
- SCOTUS for law students: Indian cases at the Court (Stephen Wermiel, January 4, 2016)
- Argument analysis: Justices dubious of tribe’s claim for equitable tolling in government contract dispute (Ronald Mann, December 2, 2015)
- Argument preview: Justices return to dispute about government’s refusal to comply with contracts to support tribes (Ronald Mann, November 24, 2015)
- A new look at race and politics in redistricting (Lyle Denniston, June 30, 2015)
| Date | Proceedings and Orders |
|---|---|
| Nov 3 2014 | Petition for a writ of certiorari filed. (Response due December 4, 2014) |
| Dec 8 2014 | Order extending time to file response to petition to and including January 5, 2015. |
| Jan 5 2015 | Order further extending time to file response to petition to and including February 4, 2015. |
| Feb 2 2015 | Order further extending time to file response to petition to and including March 6, 2015. |
| Mar 4 2015 | Order further extending time to file response to petition to and including April 6, 2015. |
| Mar 31 2015 | Order further extending time to file response to petition to and including May 12, 2015. |
| May 8 2015 | Order further extending time to file response to petition to and including May 26, 2015. |
| May 26 2015 | Brief of respondents United States, et al. filed. |
| Jun 9 2015 | DISTRIBUTED for Conference of June 25, 2015. |
| Jun 25 2015 | DISTRIBUTED for Conference of June 29, 2015. |
| Jun 30 2015 | Petition GRANTED limited to the following question: Whether the D. C. Circuit misapplied this Court's Holland decision when it ruled that the Tribe was not entitled to equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act? |
| Jul 29 2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 2, 2015. |
| Jul 29 2015 | The time to file respondents' brief on the merits is extended to and including October 21, 2015. |
| Sep 2 2015 | Joint appendix filed (statement of costs filed). |
| Sep 2 2015 | Brief of petitioner Menominee Indian Tribe of Wisconsin filed. |
| Sep 9 2015 | Brief amicus curiae of National Congress of American Indians filed. |
| Oct 9 2015 | SET FOR ARGUMENT on Tuesday, December 1, 2015 |
| Oct 19 2015 | Proposal from respondent to lodge copies of claims filed with the Indian Health Service contracting officer and the related decisions of denial at issue in this case. |
| Oct 19 2015 | Record requested from U.S.C.A. District of Columbia Circuit. |
| Oct 21 2015 | Brief of respondents United States, et al. filed. |
| Oct 27 2015 | CIRCULATED |
| Nov 19 2015 | Reply of petitioner Menominee Indian Tribe of Wisconsin filed. (Distributed) |
| Dec 1 2015 | Argued. For petitioner: Geoffrey D. Strommer, Portland, Ore. For respondents: Ilana H. Eisenstein, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jan 25 2016 | Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court. |
| Feb 26 2016 | Judgment Issued |
