Yellen v. Confederated Tribes of the Chehalis Reservation

Consolidated with:

Alaska Native Village Corporation Association v. Confederated Tribes of the Chehalis Reservation

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
20-543	D.C. Cir.	Apr 19, 2021	Jun 25, 2021	6-3	Sotomayor	OT 2020

Holding: Alaska Native Corporations are "Indian tribe[s]" under the Indian Self-Determination and Education Assistance Act and thus eligible for funding available to "Tribal governments" under Title V of the Coronavirus Aid, Relief, and Economic Security Act.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Sotomayor on June 25, 2021. Justice Alito joined the court's opinion as to Parts I, II"C, II"D, III and IV. Justice Gorsuch filed a dissenting opinion, in which Justices Thomas and Kagan joined.

SCOTUSblog Coverage

Justices argue over text (and ceviche) in ruling that Alaska Native corporations are Indian tribes (Gregory Ablavsky, June 28, 2021)
Justices side with Alaska Native corporations in dispute over COVID aid (Gregory Ablavsky, June 25, 2021)
Justices mull textualism and Alaskan exceptionalism in classifying Alaska Native corporations (Gregory Ablavsky, April 20, 2021)
Are Alaska Native corporations Indian tribes? A multimillion-dollar question (Gregory Ablavsky, April 17, 2021)
Justices grant review in 14 new cases but dont act on hot-button issues (Amy Howe, January 9, 2021)
Petitions of the week: CARES Act payments for Alaska Natives, courts in church-property disputes, Miranda warnings and more (Andrew Hamm, November 20, 2020)

Date	Proceedings and Orders (key to color coding)
10/23/2020	Petition for a writ of certiorari filed. (Response due November 25, 2020)
11/04/2020	Brief amicus curiae of State of Alaska filed. VIDED.
11/13/2020	Motion to extend the time to file a response from November 25, 2020 to December 16, 2020, submitted to The Clerk.
11/16/2020	Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020, for all respondents.
11/18/2020	Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. VIDED.
11/23/2020	Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
12/16/2020	Brief of respondents Confederated Tribes of the Chehalis Reservation, et al., et al. in opposition filed. VIDED.
12/16/2020	Brief of respondents Cheyenne River Sioux Tribe, et al. in opposition filed. VIDED.
12/16/2020	Brief of respondents Ute Indian Tribe of the Uintah and Ouray Reservation in opposition filed. VIDED. (Distributed)
12/18/2020	Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
12/23/2020	DISTRIBUTED for Conference of 1/8/2021.
12/28/2020	Reply of petitioner Steven T. Mnuchin, Secretary of the Treasury filed. (Distributed)
01/08/2021	Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. GRANTED.
01/08/2021	Petition GRANTED. The petition for a writ of certiorari in No. 20-544 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
01/08/2021	Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-543. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-543. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
02/22/2021	Brief of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED.
02/22/2021	Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.
02/22/2021	Brief of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. (in No. 20-544)
02/26/2021	Brief amicus curiae of State of Alaska filed. VIDED.
02/26/2021	Brief amici curiae of US Senators Lisa Murkowski, et al. filed. VIDED.
03/01/2021	Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
03/01/2021	Brief amicus curiae of Association of Alaska Housing Authorities filed. VIDED.
03/01/2021	Brief amicus curiae of Cook Inlet Region, Inc. filed. VIDED.
03/12/2021	SET FOR ARGUMENT on Monday, April 19, 2021. VIDED.
03/15/2021	Record requested.
03/16/2021	The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer.
03/16/2021	The record from the U.S.C.A. D.C. Circuit is electronic and located on Pacer.
03/24/2021	Brief of respondents Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
03/24/2021	Brief of respondent Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED.
03/30/2021	CIRCULATED
03/31/2021	Brief amicus curiae of Representative Raúl M. Grijalva filed. VIDED. (Distributed)
03/31/2021	Brief amici curiae of Five Indian Tribes filed. VIDED. (Distributed)
03/31/2021	Brief amici curiae of National Congress of American Indians, et al. filed. VIDED. (Distributed)
03/31/2021	Brief amici curiae of States of Utah, et al. filed. VIDED. (Distributed)
03/31/2021	Brief amici curiae of Professors and Historians filed. VIDED. (Distributed)
03/31/2021	Motion for divided argument filed by petitioners Janet L. Yellen, Secretary of the Treasury. VIDED.
03/31/2021	Motion for divided argument filed by respondent Ute Indian Tribe of the Uintah and Ouray Reservation. VIDED.
04/07/2021	Response to motion of Ute Indian Tribe of the Uintah and Ouray Reservation from respondents Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
04/09/2021	Reply of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED. (Distributed)
04/09/2021	Reply of petitioners Alaska Native Village Corporation Association, Inc., et al. filed (in No. 20-544). (Distributed)
04/15/2021	Supplemental response of the Confederated Tribes of the Chehalis Reservation, et al. filed in support of the Ute Indian Tribe of the Uintah and Ouray Reservation motion for divided argument. VIDED.
04/16/2021	Motion for divided argument filed by petitioner GRANTED. VIDED.
04/16/2021	Motion for divided argument filed by Ute Indian Tribe of the Uintah and Ouray Reservation DENIED. VIDED.
04/19/2021	Argued. For petitioner in 20-543: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioners in 20-544: Paul D. Clement, Washington, D. C. For respondents: Jeffrey S. Rasmussen, Louisville, Colo. VIDED.
04/20/2021	Letter from counsel for Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
04/22/2021	Letter of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. VIDED.
04/23/2021	Letter of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED.
04/23/2021	Letter to the Clerk of the Court from the Ute Indian Tribe of the Uintah and Ouray Reservation of Ute Indian Tribe of the Uintah and Ouray Reservation not accepted for filing. (April 30, 2021)
05/12/2021	Letter of petitioner Janet L. Yellen, Secretary of the Treasury notifying Court of April 30, 2021 Dept. of Treasury revised methodology filed. VIDED. (Distributed)
06/25/2021	Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kavanaugh, and Barrett, JJ., joined, and in which Alito, J., joined as to Parts I, II–C, II–D, III, and IV. Gorsuch, J., filed a dissenting opinion, in which Thomas and Kagan, JJ., joined. VIDED.
07/27/2021	JUDGMENT ISSUED.