Haaland v. Brackeen

Consolidated with:

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-376	5th Cir.	Nov 9, 2022	Jun 15, 2023	7-2	Barrett	OT 2022

Holding: In child custody proceedings governed by the Indian Child Welfare Act, the court affirms the U.S. Court of Appeals for the 5th Circuit"s conclusion that ICWA is consistent with Congress"s Article I authority, rejects petitioners" anticommandeering challenges under the Tenth Amendment, and finds the parties lack standing to litigate their other challenges to ICWA"s placement preferences.

Judgment: Affirmed, 7-2, in an opinion by Justice Barrett on June 15, 2023. Justice Gorsuch filed a concurring opinion, in which Justices Sotomayor and Jackson joined as to Parts I and III. Justice Kavanaugh filed a concurring opinion. Justices Thomas and Alito filed dissenting opinions.

SCOTUSblog Coverage

Supreme Court upholds Indian Child Welfare Act (Amy Howe, June 15, 2023)
Closely divided court scrutinizes various provisions of Indian Child Welfare Act (Amy Howe, November 9, 2022)
In challenge to Indian Child Welfare Act, court will weigh the rights of states and the role of race (Amy Howe, November 8, 2022)
The court is poised to set jurisprudence on race for generations and not just in affirmative action (James Romoser, October 30, 2022)
Affirmative action cases up first in November argument calendar (Amy Howe, August 3, 2022)
Justices agree to review constitutionality of Indian Child Welfare Act (Amy Howe, March 1, 2022)
How long do prisoners have to seek DNA evidence? (John Elwood, February 23, 2022)
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)
Four petitions on the constitutionality of the Indian Child Welfare Act (Andrew Hamm, September 24, 2021)

Date	Proceedings and Orders (key to color coding)
09/03/2021	Petition for a writ of certiorari filed. (Response due October 8, 2021)
09/24/2021	Motion of Chad E. Brackeen, et al. to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
09/24/2021	Motion of Texas to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
09/27/2021	The motions to extend the time to file responses are granted and the time is extended to and including November 8, 2021, for all respondents.
10/06/2021	Waiver of right of respondent Navajo Nation to respond filed.
10/08/2021	Brief amici curiae of Goldwater Institute, et al. filed.
10/08/2021	Brief amici curiae of California, et al. filed.
10/08/2021	Brief amici curiae of Casey Family Programs, et al. filed.
10/08/2021	Brief amici curiae of 180 Indian Tribes and 35 Tribal Organizations filed.
10/25/2021	Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
10/29/2021	Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021, for all respondents.
12/08/2021	Brief of respondents Chad Everet Brackeen, et al. filed. VIDED.
12/08/2021	Brief of respondents Texas in opposition filed. VIDED.
12/22/2021	DISTRIBUTED for Conference of 1/7/2022.
12/22/2021	Reply of petitioners Deb Haaland, Secretary of the Interior, et al. filed. (Distributed)
01/10/2022	DISTRIBUTED for Conference of 1/14/2022.
01/18/2022	DISTRIBUTED for Conference of 1/21/2022.
02/11/2022	DISTRIBUTED for Conference of 2/18/2022.
02/22/2022	DISTRIBUTED for Conference of 2/25/2022.
02/28/2022	Petition GRANTED. The petitions for writs of certiorari in Nos. 21-377, 21-378, and 21-380 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Parties that were plaintiffs/appellees in the lower courts shall file opening and reply briefs in conformity with Rules 33.1(g)(v) and 33.1(g)(vii), under the schedule set forth in Rules 25.1 and 25.3. Parties that were defendants/appellants in the lower courts shall file briefs in conformity with Rule 33.1(g)(vi), under the schedule set forth in Rule 25.2.
02/28/2022	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. 21-376. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-376. 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."
03/18/2022	Blanket Consent filed by Chad Everet Brackeen, et al. VIDED.
03/18/2022	Blanket Consent filed by Texas. VIDED.
03/18/2022	Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED.
03/29/2022	Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and the opening briefs on the merits is extended to and including May 26, 2022. The time to file the response briefs on the merits is extended to and including August 5, 2022. VIDED.
03/29/2022	Application (21A555) to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Alito.
03/31/2022	Application (21A555) granted by Justice Alito to file consolidated briefs on the merits in excess of the word limits, provided that plaintiffs/appellees file two consolidated opening briefs on the merits of no more than 20,000 words each and two consolidated reply briefs on the merits of no more than 8,000 words each, and that defendants/appellants file three consolidated response briefs on the merits of no more than 22,500 words each.
05/26/2022	Brief of plaintiff/appellee The State of Texas filed. VIDED.
05/26/2022	Brief of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED.
05/26/2022	Joint appendix filed (statement of costs filed). VIDED.
06/01/2022	Brief amici curiae of Goldwater Institute, et al. filed. VIDED.
06/01/2022	Brief amicus curiae of Foster Parents and Pacific Legal Foundation in support of Chad Everet Brackeen, et al. filed. VIDED.
06/01/2022	Brief amicus curiae of Project on Fair Representation filed. VIDED.
06/01/2022	Brief amici curiae of States of Ohio and Oklahoma filed. VIDED.
06/02/2022	Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed. VIDED
06/02/2022	Brief amici curiae of Academy of Adoption and Assisted Reproduction Attorneys, et al. filed. VIDED.
06/02/2022	Brief amicus curiae of New Civil Liberties Alliance in support of Texas filed. VIDED
06/02/2022	Brief amicus curiae of Citizens for Equal Rights Foundation in support of neither party filed. VIDED
07/21/2022	Blanket Consent filed by Respondent, Cherokee Nation, et al.
07/21/2022	Blanket Consent filed by Respondent, Navajo Nation
08/01/2022	Motion for a further extension of time within which to file the response briefs on the merits filed. VIDED.
08/03/2022	ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED.
08/03/2022	Motion to further extend the time within which to file the response briefs on the merits granted, and the time is extended to and including August 12, 2022. VIDED.
08/12/2022	Brief of defendants-appellants tribal parties filed. VIDED.
08/12/2022	Brief of defendants-appellants federal parties filed. VIDED.
08/15/2022	Blanket Consent filed by Petitioner, Deb Haaland, Secretary of the Interior, et al.
08/17/2022	Brief amicus curiae of Counsel for the County of Los Angeles filed. VIDED.
08/18/2022	Brief amicus curiae of Aubrey Nelson and Sam Evans-Brown filed. VIDED.
08/18/2022	Brief amici curiae of American Civil Liberties Union and Fourteen Affiliates filed. VIDED.
08/18/2022	Brief amicus curiae of American Bar Association filed. VIDED.
08/18/2022	Brief amicus curiae of Senator James Abourezk filed. VIDED.
08/18/2022	Brief amici curiae of Administrative Law and Constitutional Law Professors, et al. filed. VIDED.
08/18/2022	Amicus brief of National Association of Counsel for Children and 30 other children's rights organizations not accepted for filing. (Corrected brief and PDF to be submitted.)
08/18/2022	Brief amici curiae of National Association of Counsel for Children, et al. filed. VIDED. (Aug. 30, 2022)
08/19/2022	Application (22A171) of plaintiffs/appellees to extend the time to file their consolidated reply briefs on the merits from September 12, 2022 to October 3, 2022, submitted to Justice Alito. VIDED.
08/19/2022	Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. VIDED.
08/19/2022	Brief amicus curiae of Professor Gregory Ablavsky filed. VIDED.
08/19/2022	Brief amici curiae of Casey Family Programs, et al. filed. VIDED.
08/19/2022	Brief amici curiae of Indian Law Professors filed. VIDED.
08/19/2022	Brief amici curiae of 87 Members of Congress filed. VIDED.
08/19/2022	Brief amicus curiae of Robyn Bradshaw filed. VIDED
08/19/2022	Brief amici curiae of Former Foster Children filed. VIDED.
08/19/2022	Brief amici curiae of Family Defense Providers filed. VIDED.
08/19/2022	Brief amici curiae of California, et al. filed. VIDED.
08/19/2022	Brief amici curiae of 497 Indian Tribes and 62 Tribal and Indian Organizations filed. VIDED.
08/19/2022	Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
08/19/2022	Brief amici curiae of American Psychological Association, et al. filed. VIDED.
08/19/2022	Brief amici curiae of American Academy of Pediatrics and American Medical Association filed. VIDED.
08/19/2022	Motion for divided argument and enlargement of time for oral argument filed by the Solicitor General. VIDED.
08/19/2022	Amicus brief of American Historical Association and Organization of American Historians not accepted for filing. (Corrected brief and PDF to be submitted.)
08/19/2022	Brief amici curiae of American Historical Association, et al. filed. VIDED. (Aug. 30, 2022)
08/21/2022	CIRCULATED
08/25/2022	Application (22A171) granted by Justice Alito extending the time to file the reply briefs on the merits to and including October 3, 2022. VIDED.
09/12/2022	Record requested from the U.S.C.A. 5th Circuit.
09/12/2022	The record from the U.S.C.A. 5th circuit is electronic and located on Pacer.
09/13/2022	The record received from the U.S.D.C. Northern District of Texas has been electronically filed.
10/03/2022	Motion for divided argument and enlargement of time for oral argument filed by the Solicitor General GRANTED. VIDED.
10/03/2022	Reply of plaintiff/appellee Texas filed. VIDED (Distributed)
10/03/2022	Reply of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED. (Distributed)
11/09/2022	Argued. For Chad Everet Brackeen, et al.: Matthew D. McGill, Washington, D. C. For Texas: Judd E. Stone, II, Solicitor General, Austin, Tex. For federal parties: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For tribal parties: Ian H. Gershengorn, Washington, D. C. VIDED.
06/15/2023	Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED AND REMANDED IN PART. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-376_7l48.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Sotomayor and Jackson, JJ., joined as to Parts I and III. Kavanaugh, J., filed a concurring opinion. Thomas, J., and Alito, J., filed dissenting opinions. VIDED.
07/17/2023	Judgment issued.