Becerra v. San Carlos Apache Tribe
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 23-250 | 9th Cir. | Mar 25, 2024 | Jun 6, 2024 | 5-4 | Roberts | OT 2023 |
Holding: The Indian Self-Determination and Education Assistance Act requires the Indian Health Service to pay the contract support costs that a tribe incurs when it collects and spends program income " i.e., revenue from third-party payers like Medicare, Medicaid, and private insurers " to further the functions, services, activities, and programs transferred to it from IHS in a self-determination contract.
Judgment: Affirmed, 5-4, in an opinion by Chief Justice Roberts on June 6, 2024. Justice Kavanaugh filed a dissenting opinion, in which Justices Thomas, Alito, and Barrett joined.
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| Date | Proceedings and Orders |
|---|---|
| 08/03/2023 | Application (23A103) to extend the time to file a petition for a writ of certiorari from August 14, 2023 to September 13, 2023, submitted to Justice Kagan. |
| 08/04/2023 | Application (23A103) granted by Justice Kagan extending the time to file until September 13, 2023. |
| 09/13/2023 | Petition for a writ of certiorari filed. (Response due October 16, 2023) |
| 10/11/2023 | Response to petition from respondent San Carlos Apache Tribe filed. |
| 10/20/2023 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners. |
| 10/24/2023 | DISTRIBUTED for Conference of 11/9/2023. |
| 10/24/2023 | Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. (Distributed) |
| 11/13/2023 | DISTRIBUTED for Conference of 11/17/2023. |
| 11/20/2023 | Petition GRANTED. The petition for a writ of certiorari in No. 23-253 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. |
| 11/20/2023 | 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. 23-250. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-250. 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.” |
| 01/04/2024 | Brief of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED. |
| 01/04/2024 | Joint appendix filed. VIDED. (Statement of cost filed.) |
| 01/22/2024 | Motion for an extension of time to file respondents' briefs on the merits filed. VIDED. |
| 01/26/2024 | Motion to extend the time to file respondents' briefs on the merits granted and the time is extended to and including February 12, 2024. VIDED. |
| 01/29/2024 | SET FOR ARGUMENT on Monday, March 25, 2024. VIDED. |
| 01/30/2024 | Record requested from the United States Court of Appeals for the Ninth Circuit. |
| 02/01/2024 | Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER. |
| 02/12/2024 | Brief of respondent San Carlos Apache Tribe (as to 23-250) filed. (Distributed) |
| 02/12/2024 | Brief of respondent Northern Arapaho Tribe (as to 23-253) filed. (Distributed) |
| 02/12/2024 | Motion for divided argument filed by respondents. VIDED. |
| 02/14/2024 | CIRCULATED |
| 02/19/2024 | Amicus brief of National Indian Health Board not accepted for filing. (Distributed). (February 28, 2024 - to be corrected.) |
| 02/19/2024 | Brief amici curiae of National Indian Health Board, et al. filed. VIDED. (Corrected brief - February 29, 2024). (Distributed). |
| 02/20/2024 | Amici brief of National Congress of American Indians and Various Tribes and Tribunal Organizations not accepted for filing. (Feb. 28, 2024--to be corrected.) |
| 02/20/2024 | Amici brief of National Congress of American Indians, et al. not accepted for filing. (February 29, 2024 - to be corrected.) |
| 02/20/2024 | Brief amici curiae of National Congress of American Indians filed. (Corrected version--March 1, 2024.) VIDED. (Distributed) |
| 02/20/2024 | Brief amici curiae of Legal Scholars filed. VIDED. (Distributed) |
| 02/20/2024 | Brief amicus curiae of NAFOA filed. VIDED. (Distributed) |
| 02/20/2024 | Brief amici curiae of Coalition of Large Tribes, et al. filed. VIDED. (Distributed) |
| 02/26/2024 | Motion for divided argument filed by respondents GRANTED. VIDED. |
| 03/13/2024 | Reply of petitioners Xavier Becerra, Secretary of Health and Human Services, et al. filed. VIDED. (Distributed) |
| 03/25/2024 | Argued. For petitioners: Caroline A. Flynn, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent in 23-253: Adam G. Unikowsky, Washington, D. C. For respondent in 23-250: Lloyd B. Miller, Washington, D. C. VIDED. |
| 06/06/2024 | Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, in which Sotomayor, Kagan, Gorsuch, and Jackson, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Thomas, Alito, and Barrett, JJ., joined. VIDED. |
| 07/08/2024 | Judgment Issued. |