Argued

No. 21-377

Cherokee Nation, 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

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

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

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

CIRCULATED

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

Blanket Consent filed by Respondent, Navajo Nation

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. 21-376, 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.

DISTRIBUTED for Conference of 1/7/2022.

Reply of petitioners Cherokee Nation, et al. filed. (Distributed)

Brief of respondents Texas in opposition filed. VIDED.

Brief of respondents Chad E. 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, et al. 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

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

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

Federal respondents, Respondent, represented by Elizabeth B. Prelogar

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

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

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

Goldwater Institute, Texas Public Policy Foundation, Cato Institute, Amicus Curiae, represented by Timothy Mason Sandefur

State of California, Amicus Curiae, represented by Joshua Patashnik

 
Last updated: November 27, 2022