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Upstate Citizens for Equality, Inc. v. United States

Petition for certiorari denied on November 27, 2017

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Docket No. Argument Opinion Vote Author Term
16-1320 N/A N/A N/A N/A OT 2017

Issue: (1) Whether, in the exercise of its Article I powers, Congress can infringe, reduce or diminish the territorial integrity of a state without its prior consent; (2) whether Congress possesses plenary power over Indian affairs and, if so, whether the plenary power expands the Indian commerce clause to authorize the displacement of state rights to territorial integrity; (3) whether the land acquisition in this case via the mechanism of 25 U.S.C. § 465 (now 25 U.S.C. § 5108) represents a violation of the limits inherently expressed in the Indian commerce clause that limits Congress" power to "regulate" "commerce"; and (4) whether the 300,000-acre ancient Oneida Indian reservation in New York still exists.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/26/2017Petition for a writ of certiorari filed. (Response due June 1, 2017)
05/30/2017Order extending time to file response to petition to and including July 3, 2017.
06/30/2017Brief of respondents United States, et al. in opposition filed.
07/19/2017DISTRIBUTED for Conference of September 25, 2017.
09/21/2017Rescheduled.
10/02/2017DISTRIBUTED 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)