Salazar v. Patchak

Linked with:

• Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

Holding: The federal government has waived its sovereign immunity from the respondent’s suit under the Administrative Procedure Act, in which he alleges that Section 465 of the Indian Reorganization Act did not authorize the Secretary of the Interior to acquire into trust property that the Band intended to use for “gaming purposes” because the Band was not a federally recognized tribe when the Indian Reorganization Act was enacted in 1934. Moreover, the respondent has prudential standing to challenge the Secretary’s acquisition of the land in question.

Judgment: Affirmed, 8-1, in an opinion by Justice Kagan on June 18, 2012.

Briefs and Documents

Merits Briefs for the Petitioners

• Brief for the Federal Petitioners
• Reply Brief for the Federal Petitioners
• Brief for the Match-E-Be-Nash-She-Wish Band of the Pottawatomie Indians
• Reply Brief for Petitioner Match-E-Be-Nash-She-Wish Band of Pottawatomie Indians

Merits Briefs for the Respondents

• Brief for David Patchak

Certiorari-stage documents

• Opinion below (D.C. Cir.)
• Petition for certiorari
• Petitioners' reply
• Amicus brief of Wayland Township, Allegan County
• Amicus brief of National Congress of American Indians
• Brief of respondents (forthcoming)