United States v. Cooley
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-1414 | 9th Cir. | Mar 23, 2021 | Jun 1, 2021 | 9-0 | Breyer | OT 2020 |
Holding: A tribal police officer has authority to detain temporarily and to search a non-Native American traveling on a public right-of-way running through a reservation for potential violations of state or federal law.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on June 1, 2021. Justice Alito filed a concurring opinion.
SCOTUSblog Coverage
- Affirmation of inherent tribal power to police blurs civil and criminal Indian law tests (Elizabeth Reese, June 8, 2021)
- Court unanimously holds that Indian tribes retain the inherent power to police non-Indians (Elizabeth Reese, June 1, 2021)
- Court struggles with the indefensible morass its made in Indian law (Elizabeth Reese, March 27, 2021)
- Tribal police drag messy Indian sovereignty cases back to the court (Elizabeth Reese, March 22, 2021)
- Justices announce low-key March argument session (Amy Howe, February 1, 2021)
- Court shelves oral argument in dispute over Mueller materials, grants two new cases (Amy Howe, November 20, 2020)
- Relist Watch (John Elwood, November 18, 2020)
- Petitions of the week: Political donations, gun rights, the emoluments clause and more (Andrew Hamm, July 23, 2020)
| Date | Proceedings and Orders |
|---|---|
| 06/19/2020 | Petition for a writ of certiorari filed. (Response due July 24, 2020) |
| 07/10/2020 | Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk. |
| 07/13/2020 | Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020. |
| 07/24/2020 | Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed. |
| 07/24/2020 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| 08/21/2020 | Waiver of right of respondent Joshua James Cooley to respond filed. |
| 08/26/2020 | DISTRIBUTED for Conference of 9/29/2020. |
| 09/15/2020 | Response Requested. (Due October 15, 2020) |
| 10/15/2020 | Brief of respondent Joshua James Cooley in opposition filed. |
| 10/15/2020 | Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley. |
| 10/22/2020 | Waiver of the 14-day waiting period under Rule 15.5 filed. |
| 10/28/2020 | DISTRIBUTED for Conference of 11/13/2020. |
| 10/28/2020 | Reply of petitioner United States filed. (Distributed) |
| 11/16/2020 | DISTRIBUTED for Conference of 11/20/2020. |
| 11/20/2020 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 11/20/2020 | Petition GRANTED. |
| 12/18/2020 | Motion for an extension of time to file the briefs on the merits filed. |
| 12/31/2020 | Motion to extend the time to file the briefs on the merits granted. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. The time to file respondent's brief on the merits is extended to and including February 12, 2021. |
| 01/04/2021 | Motion to dispense with printing the joint appendix filed by petitioner United States. |
| 01/08/2021 | Brief of petitioner United States filed. |
| 01/14/2021 | Brief amici curiae of Lower Brule Sioux Tribe, et al. filed. |
| 01/14/2021 | Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. |
| 01/15/2021 | Brief amicus curiae of Indian Law Scholars and Professors filed. |
| 01/15/2021 | Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed. |
| 01/15/2021 | Brief amici curiae of Current and Former Members of Congress filed. |
| 01/15/2021 | Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. |
| 01/15/2021 | Brief amici curiae of Cayuga Nation, et al. filed. |
| 01/15/2021 | Brief amici curiae of Former United States Attorneys filed. |
| 01/19/2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 02/01/2021 | SET FOR ARGUMENT on Tuesday, March 23, 2021. |
| 02/04/2021 | Record requested from the U.S.C.A. 9th Circuit. |
| 02/04/2021 | Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer. |
| 02/12/2021 | Brief of respondent Joshua James Cooley filed. |
| 02/19/2021 | Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. (Distributed) |
| 02/19/2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed) |
| 02/19/2021 | Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (Corrected brief submitted - March 22, 2021) |
| 02/19/2021 | Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed) |
| 02/22/2021 | CIRCULATED. |
| 03/10/2021 | Motion to appoint counsel filed by respondent Joshua James Cooley. |
| 03/12/2021 | Reply of petitioner United States filed. (Distributed) |
| 03/15/2021 | Motion DISTRIBUTED for Conference of 3/19/2021. |
| 03/19/2021 | Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case. |
| 03/23/2021 | Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. (Appointed by this Court.) |
| 06/01/2021 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion. |
| 07/06/2021 | JUDGMENT ISSUED. |