Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-227 | 1st Cir. | Apr 24, 2023 | Jun 15, 2023 | 8-1 | Jackson | OT 2022 |
Holding: The Bankruptcy Code unequivocally abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.
Judgment: Affirmed, 8-1, in an opinion by Justice Jackson on June 15, 2023. Justice Thomas filed an opinion concurring in the judgment. Justice Gorsuch filed a dissenting opinion.
SCOTUSblog Coverage
- Justices reject tribal immunity from bankruptcy stay (Ronald Mann, June 15, 2023)
- Justices dubious of creating extra-special super-super clear statement rule to exempt tribes from obligation to respect bankruptcy process (Ronald Mann, April 25, 2023)
- Justices to consider tribal immunity from bankruptcy process (Ronald Mann, April 20, 2023)
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Court grants review in new batch of cases, including dispute on religious rights of employees (Amy Howe, January 13, 2023)
- Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more (John Elwood, January 11, 2023)
| Date | Proceedings and Orders |
|---|---|
| 07/08/2022 | Application (22A23) to extend the time to file a petition for a writ of certiorari from August 4, 2022 to September 8, 2022, submitted to The Chief Justice. |
| 07/13/2022 | Application (22A23) granted by The Chief Justice extending the time to file until September 8, 2022. |
| 09/08/2022 | Petition for a writ of certiorari filed. (Response due October 12, 2022) |
| 10/04/2022 | Motion to extend the time to file a response from October 12, 2022 to November 11, 2022, submitted to The Clerk. |
| 10/05/2022 | Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2022. See Rule 30.1. |
| 10/12/2022 | Brief amici curiae of Professors of Federal Indian Law filed. |
| 10/12/2022 | Brief amicus curiae of Native American Financial Services Association filed. |
| 11/08/2022 | Brief of respondent Brian W. Coughlin in opposition filed. |
| 11/22/2022 | Reply of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed. |
| 11/30/2022 | DISTRIBUTED for Conference of 1/6/2023. |
| 01/09/2023 | DISTRIBUTED for Conference of 1/13/2023. |
| 01/13/2023 | Petition GRANTED. |
| 01/31/2023 | SET FOR ARGUMENT on Monday, April 24, 2023. |
| 02/08/2023 | Record requested from the U.S.C.A.-1st Circuit. |
| 02/16/2023 | All records from the U.S.C.A.-1st Circuit are available on PACER. Record request was transmitted to the Massachusetts Bankruptcy Court for response. |
| 02/16/2023 | Motion to dispense with printing the joint appendix filed by petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. |
| 02/22/2023 | Brief of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed. |
| 03/01/2023 | Brief amici curiae of The Navajo Nation, et al. filed. |
| 03/01/2023 | Brief amici curiae of Indian Law Professors filed. |
| 03/06/2023 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 03/10/2023 | All records from the Massachusetts Bankruptcy Court are available on PACER. |
| 03/24/2023 | CIRCULATED |
| 03/24/2023 | Brief of respondent Brian W. Coughlin filed. (Distributed) |
| 03/30/2023 | Brief amici curiae of Public Citizen, et al. filed. (Distributed) |
| 03/30/2023 | Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed) |
| 03/31/2023 | Brief amicus curiae of United States filed. (Distributed) |
| 03/31/2023 | Brief amicus curiae of Separation of Powers Clinic filed. (Distributed) |
| 03/31/2023 | Brief amici curiae of NACBA, et al. filed. (Distributed) |
| 03/31/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 04/13/2023 | Reply of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed. (Distributed) |
| 04/14/2023 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/24/2023 | Argued. For petitioners: Pratik A. Shah, Washington, D. C. For respondent: Gregory G. Rapawy, Washington, D. C.; and Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) |
| 06/15/2023 | Adjudged to be AFFIRMED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Gorsuch, J., filed a dissenting opinion. |
| 07/17/2023 | Judgment issued. |