Oklahoma v. Castro-Huerta

Docket No.	Argument	Opinion	Vote	Author	Term
21-429	Apr 27, 2022	Jun 29, 2022	5-4	Kavanaugh	OT 2021

Holding: The federal government and the state have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Kavanaugh on June 29, 2022. Justice Gorsuch filed a dissenting opinion, in which Justices Breyer, Sotomayor, and Kagan joined.

SCOTUSblog Coverage

Announcement of opinions for Wednesday, June 29 (complete) (Angie Gou, June 29, 2022)
In 5-4 ruling, court dramatically expands the power of states to prosecute crimes on reservations (Matthew L.M. Fletcher, June 29, 2022)
With historical promises in mind, justices weigh state criminal jurisdiction in Indian country (Matthew L.M. Fletcher, April 28, 2022)
In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country (Matthew L.M. Fletcher, April 26, 2022)
April argument calendar features cases on Trump-era asylum policy and praying football coach (Amy Howe, March 15, 2022)
Justices will review scope of McGirt decision, but wont consider whether to overturn it (Amy Howe, January 21, 2022)
Revenge of the rescheduled cases: Congressional proxy voting, the ministerial exception, and more (John Elwood, January 20, 2022)
Court will take up five new cases, including lawsuit from football coach who wanted to pray on the field (Amy Howe, January 15, 2022)
Blockbuster watch: Affirmative action, same-sex weddings, and other big relists (John Elwood, January 12, 2022)

Date	Proceedings and Orders (key to color coding)
09/17/2021	Petition for a writ of certiorari filed. (Response due October 21, 2021)
09/22/2021	Blanket Consent filed by Petitioner, State of Oklahoma
10/20/2021	Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
10/21/2021	Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
10/21/2021	Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al filed.
10/21/2021	Brief amici curiae of Cities of Tulsa and Owasso, Oklahoma filed.
10/21/2021	Brief amici curiae of Texas, et al.
10/21/2021	Brief amici curiae of the Oklahoma District Attorneys Association, et al. filed.
10/29/2021	Brief amicus curiae of Cherokee Nation filed.
11/15/2021	Brief of respondent Victor Manuel Castro-Huerta in opposition filed.
11/16/2021	Brief amicus curiae of Muscogee (Creek) Nation filed.
11/18/2021	Brief amici curiae of Chickasaw Nation and Choctaw Nation of Oklahoma filed.
11/19/2021	Application (21A168) to file reply brief in excess of word limits, submitted to Justice Gorsuch.
11/22/2021	Response of Victor Manuel Castro-Huerta to application filed.
11/29/2021	Application (21A168) denied by Justice Gorsuch.
12/08/2021	DISTRIBUTED for Conference of 1/7/2022.
12/08/2021	Reply of petitioner Oklahoma filed. (Distributed)
01/10/2022	DISTRIBUTED for Conference of 1/14/2022.
01/18/2022	DISTRIBUTED for Conference of 1/21/2022.
01/21/2022	Petition GRANTED limited to Question 1 presented by the petition. The case will be set for argument in the April 2022 argument session. Petitioner's brief on the merits is to be filed on or before Monday, February 28, 2022. Respondent's brief on the merits is to be filed on or before Monday, March 28, 2022. The reply brief is to be filed in accordance with Rule 25.3.
02/09/2022	Motion to dispense with printing the joint appendix filed by petitioner Oklahoma.
02/09/2022	Blanket Consent filed by Petitioner, Oklahoma
02/10/2022	Blanket Consent filed by Respondent, Victor Manuel Castro-Huerta
02/22/2022	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
02/28/2022	Brief of petitioner Oklahoma filed.
03/07/2022	Brief amici curiae of The Oklahoma District Attorneys Association, et al. filed.
03/07/2022	Brief amici curiae of Texas, et al. filed.
03/07/2022	Brief amici curiae of Environmental Federation of Oklahoma, Inc., et al. filed.
03/07/2022	Brief amicus curiae of Oklahoma Association of Chiefs of Police filed.
03/07/2022	Brief amicus curiae of Citizens for Equal Rights Foundation filed.
03/07/2022	Brief amicus curiae of City of Tulsa, Oklahoma filed.
03/07/2022	Motion for leave to file appendix to amicus curiae brief under seal filed by City of Tulsa, Oklahoma.
03/15/2022	ARGUMENT SET FOR Wednesday, April 27, 2022.
03/16/2022	Record requested from the Court of Criminal Appeals of Oklahoma, and also from the Tulsa County District Court.
03/22/2022	Record received from the Court of Criminal Appeals of Oklahoma. (1 Box)
03/23/2022	CIRCULATED
03/28/2022	Record received from the U.S. District Court for Tulsa County. (1 Box)
03/28/2022	Brief of respondent Victor Manuel Castro-Huerta filed. (Distributed)
04/01/2022	Brief amicus curiae of National Congress of American Indians filed. (Distributed)
04/04/2022	Brief amicus curiae of United States filed. (Distributed)
04/04/2022	Brief amici curiae of Cherokee Nation, Chickasaw Nation, Choctaw Nation of Oklahoma, Muscogee (Creek) Nation, and Seminole Nation of Oklahoma filed. (Distributed)
04/04/2022	Brief amici curiae of Federal Indian Law Scholars and Historians filed. (Distributed)
04/04/2022	Brief amici curiae of Former United States Attorneys Michael Cotter, et al. filed. (Distributed)
04/04/2022	Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. (Distributed)
04/04/2022	Brief amici curiae of The Navajo Nation, et al. filed. (Distributed)
04/04/2022	Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
04/04/2022	Brief amicus curiae of United Keetoowah Band of Cherokee Indians in Oklahoma filed. (Distributed)
04/04/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
04/14/2022	Motion of City of Tulsa, Oklahoma for leave to file an appendix to an amicus curiae brief under seal GRANTED.
04/14/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
04/15/2022	Reply of petitioner Oklahoma filed. (Distributed)
04/27/2022	Argued. For petitioner: Kannon K. Shanmugam, Washington, D. C. For respondent: Zachary C. Schauf, Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
04/29/2022	Letter of the Solicitor General correcting statements made during oral argument filed. (Distributed)
06/29/2022	Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Breyer, Sotomayor, and Kagan, JJ., joined.
08/01/2022	JUDGMENT ISSUED
08/01/2022	MANDATE ISSUED
08/17/2022	Record returned to Court of Criminal Appeals of Oklahoma (2 boxes).