Argued

No. 21-376

Deb Haaland, Secretary of the Interior, et al. v. Chad Everet Brackeen, et al.

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Reply of plaintiff/appellee Texas filed. VIDED (Distributed)

Reply of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED. (Distributed)

Motion for divided argument and enlargement of time for oral argument filed by the Solicitor General GRANTED. VIDED.

The record received from the U.S.D.C. Northern District of Texas has been electronically filed.

Record requested from the U.S.C.A. 5th Circuit.

The record from the U.S.C.A. 5th circuit is electronic and located on Pacer.

Application (22A171) granted by Justice Alito extending the time to file the reply briefs on the merits to and including October 3, 2022. VIDED.

CIRCULATED

Application (22A171) of plaintiffs/appellees to extend the time to file their consolidated reply briefs on the merits from September 12, 2022 to October 3, 2022, submitted to Justice Alito. VIDED.

Brief amicus curiae of Constitutional Accountability Center filed. VIDED.

Brief amici curiae of 497 Indian Tribes and 62 Tribal and Indian Organizations filed. VIDED.

Brief amici curiae of California, et al. filed. VIDED.

Brief amici curiae of Family Defense Providers filed. VIDED.

Brief amici curiae of Former Foster Children filed. VIDED.

Brief amicus curiae of Robyn Bradshaw filed. VIDED

Brief amici curiae of Indian Law Professors filed. VIDED.

Brief amici curiae of 87 Members of Congress filed. VIDED.

Brief amici curiae of Casey Family Programs, et al. filed. VIDED.

Brief amicus curiae of Professor Gregory Ablavsky filed. VIDED.

Brief amici curiae of American Historical Association, et al. filed. VIDED. (Aug. 30, 2022)

Amicus brief of American Historical Association and Organization of American Historians not accepted for filing. (Corrected brief and PDF to be submitted.)

Brief amici curiae of American Psychological Association, et al. filed. VIDED.

Brief amici curiae of National Indigenous Women's Resource Center, et al. filed. VIDED.

Brief amici curiae of American Academy of Pediatrics and American Medical Association filed. VIDED.

Brief amicus curiae of Aubrey Nelson and Sam Evans-Brown filed. VIDED.

Brief amici curiae of National Association of Counsel for Children, et al. filed. VIDED. (Aug. 30, 2022)

Amicus brief of National Association of Counsel for Children and 30 other children's rights organizations not accepted for filing. (Corrected brief and PDF to be submitted.)

Brief amicus curiae of American Bar Association filed. VIDED.

Brief amici curiae of American Civil Liberties Union and Fourteen Affiliates filed. VIDED.

Brief amici curiae of Administrative Law and Constitutional Law Professors, et al. filed. VIDED.

Brief amicus curiae of Senator James Abourezk filed. VIDED.

Brief amicus curiae of Counsel for the County of Los Angeles filed. VIDED.

Blanket Consent filed by Petitioner, Deb Haaland, Secretary of the Interior, et al.

Brief of defendants-appellants federal parties filed. VIDED.

Brief of defendants-appellants tribal parties filed. VIDED.

Motion to further extend the time within which to file the response briefs on the merits granted, and the time is extended to and including August 12, 2022. VIDED.

ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED.

Motion for a further extension of time within which to file the response briefs on the merits filed. VIDED.

Brief amicus curiae of Citizens for Equal Rights Foundation in support of neither party filed. VIDED

Brief amicus curiae of New Civil Liberties Alliance in support of Texas filed. VIDED

Brief amici curiae of Academy of Adoption and Assisted Reproduction Attorneys, et al. filed. VIDED.

Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed. VIDED

Brief amicus curiae of Foster Parents and Pacific Legal Foundation in support of Chad Everet Brackeen, et al. filed. VIDED.

Brief amici curiae of States of Ohio and Oklahoma filed. VIDED.

Brief amici curiae of Goldwater Institute, et al. filed. VIDED.

Brief amicus curiae of Project on Fair Representation filed. VIDED.

Brief of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED.

Joint appendix filed. VIDED.

Brief of plaintiff/appellee The State of Texas filed. VIDED.

Application (21A555) granted by Justice Alito to file consolidated briefs on the merits in excess of the word limits, provided that plaintiffs/appellees file two consolidated opening briefs on the merits of no more than 20,000 words each and two consolidated reply briefs on the merits of no more than 8,000 words each, and that defendants/appellants file three consolidated response briefs on the merits of no more than 22,500 words each.

Application (21A555) to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Alito.

Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and the opening briefs on the merits is extended to and including May 26, 2022. The time to file the response briefs on the merits is extended to and including August 5, 2022. VIDED.

Blanket Consent filed by Texas. VIDED.

Blanket Consent filed by Chad Everet Brackeen, et al. VIDED.

Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED.

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. 21-376. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-376. 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.”

Petition GRANTED. The petitions for writs of certiorari in Nos. 21-377, 21-378, and 21-380 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Parties that were plaintiffs/appellees in the lower courts shall file opening and reply briefs in conformity with Rules 33.1(g)(v) and 33.1(g)(vii), under the schedule set forth in Rules 25.1 and 25.3. Parties that were defendants/appellants in the lower courts shall file briefs in conformity with Rule 33.1(g)(vi), under the schedule set forth in Rule 25.2.

DISTRIBUTED for Conference of 2/25/2022.

DISTRIBUTED for Conference of 2/18/2022.

DISTRIBUTED for Conference of 1/21/2022.

DISTRIBUTED for Conference of 1/14/2022.

Reply of petitioners Deb Haaland, Secretary of the Interior, et al. filed. (Distributed)

DISTRIBUTED for Conference of 1/7/2022.

Brief of respondents Texas in opposition filed. VIDED.

Brief of respondents Chad Everet Brackeen, et al. filed. VIDED.

Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021, for all respondents.

Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.

Brief amici curiae of 180 Indian Tribes and 35 Tribal Organizations filed.

Brief amici curiae of Casey Family Programs, et al. filed.

Brief amici curiae of California, et al. filed.

Brief amici curiae of Goldwater Institute, et al. filed.

Waiver of right of respondent Navajo Nation to respond filed.

The motions to extend the time to file responses are granted and the time is extended to and including November 8, 2021, for all respondents.

Motion of Texas to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.

Motion of Chad E. Brackeen, et al. to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.

Petition for a writ of certiorari filed. (Response due October 8, 2021)

Parties

Deb Haaland, Secretary of the Interior, et al., Petitioner, represented by Elizabeth B. Prelogar

Chad Everet Brackeen, et al., Respondent, represented by Matthew Dempsey McGill

Cherokee Nation, et al., Respondent, represented by Ian Heath Gershengorn

Navajo Nation, Respondent, represented by Paul Wesley Spruhan

The State of Texas, Respondent, represented by Judd Edward Stone II

Amici Curiae

180 Indian Tribes and 35 Tribal Organizations, Amicus Curiae, represented by Erin Christine Dougherty Lynch

497 Indian Tribes and 62 Tribal and Indian Organizations, Amicus Curiae, represented by Erin Christine Dougherty Lynch

87 Members of Congress, Amicus Curiae, represented by Alan Evan Schoenfeld

Academy of Adoption and Assisted Reproduction Attorneys and National Council for Adoption, Amicus Curiae, represented by Larry Stuart Jenkins

Administrative Law and Constitutional Law Professors, Amicus Curiae, represented by David Steven Coale

American Academy of Pediatrics and American Medical Association, Amicus Curiae, represented by Keith Bradley

American Bar Association, Amicus Curiae, represented by Geoffrey D. Strommer

American Civil Liberties Union and Fourteen Affiliates, Amicus Curiae, represented by Kathleen Roberta Hartnett

American Historical Association and Organization of American Historians, Amicus Curiae, represented by Ze-wen Julius Chen

American Psychological Association, Society of Indian Psychologists, Indiana Psychological Association, Louisiana Psychological Association, and Texas Psychological Association, Amicus Curiae, represented by Beth Susan Brinkmann

Aubrey Nelson and Sam Evans-Brown, Amicus Curiae, represented by April Erin Olson

Casey Family Programs and Ten Other Child Welfare and Adoption Organizations, Amicus Curiae, represented by Hyland Hunt

Christian Alliance for Indian Child Welfare and ICWA Children and Families, Amicus Curiae, represented by Krystal Brunner Swendsboe

Citizens for Equal Rights Foundation, Amicus Curiae, represented by Lawrence A. Kogan

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

Family Defense Providers, Amicus Curiae, represented by Charles Rothfeld

Former Foster Children, Amicus Curiae, represented by Rebecca Ann Patterson

Foster Parents and Pacific Legal Foundation, Amicus Curiae, represented by Oliver James Dunford

Goldwater Institute, et al., Amicus Curiae, represented by Timothy Mason Sandefur

Indian Law Professors, Amicus Curiae, represented by April Dennise Youpee-Roll

National Association of Counsel for Children and 30 other children's rights organizations, Amicus Curiae, represented by Kathryn Ann Eidmann

National Indigenous Women's Resource Center, Amicus Curiae, represented by Mary Kathryn Nagle

New Civil Liberties Alliance, Amicus Curiae, represented by Brian Rosner

Professor Gregory Ablavsky, Amicus Curiae, represented by Michelle T. Miano

Project on Fair Representation, Amicus Curiae, represented by John Michael Connolly

Robyn Bradshaw, Amicus Curiae, represented by Conor Denali Tucker

Senator James Abourezk, Amicus Curiae, represented by Daniel P. Sheehan

State of California, Amicus Curiae, represented by Joshua Patashnik

States of Ohio and Oklahoma, Amicus Curiae, represented by Benjamin Michael Flowers

 
Last updated: November 27, 2022