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Town of Vernon, New York v. United States

Petition for certiorari denied on November 27, 2017

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Docket No. Argument Opinion Vote Author Term
17-8 N/A N/A N/A N/A OT 2017

Issue: (1) Whether a tribe that opted out of the Indian Reorganization Act can revive its status under that Act through the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not hold land in a trust for that tribe at the time the tribe sought a land-in-trust acquisition; (2) whether the land-in-trust provision of the Indian Reorganization Act, 25 U.S.C. § 5108, exceeds Congress' authority under the Indian commerce clause, Art. I " 8, cl. 3; (3) whether 25 U.S.C. § 5108's standardless delegation of authority to acquire land "for Indians" is an unconstitutional delegation of legislative power; and (4) whether the federal government's control over state land must be categorically exclusive for the enclave clause, Art. I " 8, cl. 17, to prohibit the removal of that land from state jurisdiction.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/13/2017Application (16A982) to extend the time to file a petition for a writ of certiorari from April 27, 2017 to May 26, 2017, submitted to Justice Ginsburg.
04/17/2017Application (16A982) granted by Justice Ginsburg extending the time to file until May 26, 2017.
05/10/2017Application (16A982) to extend further the time from May 26, 2017 to June 26, 2017, submitted to Justice Ginsburg.
05/15/2017Application (16A982) granted by Justice Ginsburg extending the time to file until June 26, 2017.
06/23/2017Petition for a writ of certiorari filed. (Response due July 27, 2017)
07/19/2017Blanket Consent filed by Petitioner, The Town of Vernon on 08/10/2017
07/21/2017Brief amicus curiae of Citizens Equal Rights Foundation filed.
07/24/2017Order extending time to file response to petition to and including August 28, 2017.
08/28/2017Brief of respondents United States, et al. in opposition filed.
09/13/2017DISTRIBUTED for Conference of 10/6/2017.
10/03/2017Rescheduled.
10/10/2017DISTRIBUTED for Conference of 10/13/2017.
10/11/2017Rescheduled.
10/23/2017DISTRIBUTED for Conference of 10/27/2017.
10/24/2017Rescheduled.
10/30/2017DISTRIBUTED for Conference of 11/3/2017.
11/06/2017DISTRIBUTED for Conference of 11/9/2017.
11/13/2017DISTRIBUTED for Conference of 11/21/2017.
11/27/2017Petition DENIED Justice Thomas, dissenting from the denials of certiorari. (Detached Opinion)