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Yellen v. Confederated Tribes of the Chehalis Reservation

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
20-543 D.C. Cir. Apr 19, 2021 Jun 25, 2021 6-3 Sotomayor OT 2020

Holding: Alaska Native Corporations are “Indian tribe[s]” under the Indian Self-Determination and Education Assistance Act and thus eligible for funding available to “Tribal governments” under Title V of the Coronavirus Aid, Relief, and Economic Security Act.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on June 25, 2021. Justice Alito joined the court's opinion as to Parts I, II–C, II–D, III and IV. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Kagan joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 23 2020Petition for a writ of certiorari filed. (Response due November 25, 2020)
Nov 04 2020Brief amicus curiae of State of Alaska filed. VIDED.
Nov 13 2020Motion to extend the time to file a response from November 25, 2020 to December 16, 2020, submitted to The Clerk.
Nov 16 2020Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020, for all respondents.
Nov 18 2020Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. VIDED.
Nov 23 2020Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
Dec 16 2020Brief of respondents Confederated Tribes of the Chehalis Reservation, et al., et al. in opposition filed. VIDED.
Dec 16 2020Brief of respondents Cheyenne River Sioux Tribe, et al. in opposition filed. VIDED.
Dec 16 2020Brief of respondents Ute Indian Tribe of the Uintah and Ouray Reservation in opposition filed. VIDED. (Distributed)
Dec 18 2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 28 2020Reply of petitioner Steven T. Mnuchin, Secretary of the Treasury filed. (Distributed)
Jan 08 2021Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. GRANTED.
Jan 08 2021Petition GRANTED. The petition for a writ of certiorari in No. 20-544 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jan 08 2021Because 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. 20-543. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-543. 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.”
Feb 22 2021Brief of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED.
Feb 22 2021Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.
Feb 22 2021Brief of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. (in No. 20-544)
Feb 26 2021Brief amicus curiae of State of Alaska filed. VIDED.
Feb 26 2021Brief amici curiae of US Senators Lisa Murkowski, et al. filed. VIDED.
Mar 01 2021Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
Mar 01 2021Brief amicus curiae of Association of Alaska Housing Authorities filed. VIDED.
Mar 01 2021Brief amicus curiae of Cook Inlet Region, Inc. filed. VIDED.
Mar 12 2021SET FOR ARGUMENT on Monday, April 19, 2021. VIDED.
Mar 15 2021Record requested.
Mar 16 2021The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer.
Mar 16 2021The record from the U.S.C.A. D.C. Circuit is electronic and located on Pacer.
Mar 24 2021Brief of respondents Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
Mar 24 2021Brief of respondent Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED.
Mar 30 2021CIRCULATED
Mar 31 2021Brief amicus curiae of Representative Raúl M. Grijalva filed. VIDED. (Distributed)
Mar 31 2021Brief amici curiae of Five Indian Tribes filed. VIDED. (Distributed)
Mar 31 2021Brief amici curiae of National Congress of American Indians, et al. filed. VIDED. (Distributed)
Mar 31 2021Brief amici curiae of States of Utah, et al. filed. VIDED. (Distributed)
Mar 31 2021Brief amici curiae of Professors and Historians filed. VIDED. (Distributed)
Mar 31 2021Motion for divided argument filed by petitioners Janet L. Yellen, Secretary of the Treasury. VIDED.
Mar 31 2021Motion for divided argument filed by respondent Ute Indian Tribe of the Uintah and Ouray Reservation. VIDED.
Apr 07 2021Response to motion of Ute Indian Tribe of the Uintah and Ouray Reservation from respondents Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
Apr 09 2021Reply of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED. (Distributed)
Apr 09 2021Reply of petitioners Alaska Native Village Corporation Association, Inc., et al. filed (in No. 20-544). (Distributed)
Apr 15 2021Supplemental response of the Confederated Tribes of the Chehalis Reservation, et al. filed in support of the Ute Indian Tribe of the Uintah and Ouray Reservation motion for divided argument. VIDED.
Apr 16 2021Motion for divided argument filed by petitioner GRANTED. VIDED.
Apr 16 2021Motion for divided argument filed by Ute Indian Tribe of the Uintah and Ouray Reservation DENIED. VIDED.
Apr 19 2021Argued. For petitioner in 20-543: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioners in 20-544: Paul D. Clement, Washington, D. C. For respondents: Jeffrey S. Rasmussen, Louisville, Colo. VIDED.
Apr 20 2021Letter from counsel for Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
Apr 22 2021Letter of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. VIDED.
Apr 23 2021Letter of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED.
Apr 23 2021Letter to the Clerk of the Court from the Ute Indian Tribe of the Uintah and Ouray Reservation of Ute Indian Tribe of the Uintah and Ouray Reservation not accepted for filing. (April 30, 2021)
May 12 2021Letter of petitioner Janet L. Yellen, Secretary of the Treasury notifying Court of April 30, 2021 Dept. of Treasury revised methodology filed. VIDED. (Distributed)
Jun 25 2021Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kavanaugh, and Barrett, JJ., joined, and in which Alito, J., joined as to Parts I, II–C, II–D, III, and IV. Gorsuch, J., filed a dissenting opinion, in which Thomas and Kagan, JJ., joined. VIDED.
Jul 27 2021JUDGMENT ISSUED.