from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
Judgment issued.
Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED AND REMANDED IN PART. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Sotomayor and Jackson, JJ., joined as to Parts I and III. Kavanaugh, J., filed a concurring opinion. Thomas, J., and Alito, J., filed dissenting opinions. VIDED.
Motion for divided argument and enlargement of time for oral argument filed by the Solicitor General GRANTED. VIDED.
Reply of plaintiffs/appellees Chad Everet Brackeen, et al. filed. VIDED. (Distributed)
Reply of plaintiff/appellee Texas filed. VIDED (Distributed)
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 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 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 87 Members of Congress filed. VIDED.
Brief amici curiae of Indian Law Professors 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 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 Senator James Abourezk filed. VIDED.
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 amici curiae of American Civil Liberties Union and Fourteen Affiliates filed. VIDED.
Brief amicus curiae of Aubrey Nelson and Sam Evans-Brown filed. VIDED.
Brief amici curiae of Administrative Law and Constitutional Law Professors, et al. filed. VIDED.
Brief amici curiae of National Association of Counsel for Children, et al. filed. VIDED. (Aug. 30, 2022)
Brief amicus curiae of American Bar Association 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 tribal parties filed. VIDED.
Brief of defendants-appellants federal parties filed. VIDED.
ARGUMENT SET FOR Wednesday, November 9, 2022. 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.
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 amici curiae of States of Ohio and Oklahoma filed. VIDED.
Brief amicus curiae of Project on Fair Representation filed. VIDED.
Brief amici curiae of Goldwater Institute, 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 of plaintiffs/appellees Chad Everet Brackeen, et al. 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.
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.
Application (21A555) to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Alito.
Blanket Consent filed by Texas. VIDED.
Joint motion of the parties for an extension of time to file the briefs on the merits filed. VIDED.
Blanket Consent filed by Chad Everet Brackeen, et al. 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.
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.”
Reply of petitioners Deb Haaland, Secretary of the Interior, et al. filed. (Distributed)
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)
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
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