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.
Argued. For Chad Everet Brackeen, et al.: Matthew D. McGill, Washington, D. C. For Texas: Judd E. Stone, II, Solicitor General, Austin, Tex. For federal parties: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For tribal parties: Ian H. Gershengorn, Washington, D. C. VIDED.
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.
The record received from the U.S.D.C. Northern District of Texas has been electronically filed.
CIRCULATED
ARGUMENT SET FOR Wednesday, November 9, 2022. 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. 21-376, 21-377, and 21-378 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.
Reply of petitioners Chad Brackeen, et al. filed. (Distributed)
Brief of respondents Navajo Nation in opposition filed. VIDED.
Brief of respondents Cherokee Nation, et al. in opposition filed.
Brief of respondents Federal Respondents in opposition filed.
Brief of respondents Texas in opposition 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 Goldwater Institute, et al. filed.VIDED
Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed.VIDED
Brief amicus curiae of Project on Fair Representation filed.VIDED
Brief amicus curiae of Ohio filed.VIDED
Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents.
Motion 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)
Chad Brackeen, et al., Petitioner, represented by Matthew Dempsey McGill
Cherokee Nation, et al., Respondent, represented by Ian Heath Gershengorn
Federal Respondents, Respondent, represented by Elizabeth B. Prelogar
Navajo Nation, Respondent, represented by Paul Wesley Spruhan
Texas, Respondent, represented by Judd Edward Stone II
Academy of Adoption and Assisted Reproduction Attorneys and National Council for Adoption, Amicus Curiae, represented by Larry Stuart Jenkins
Christian Alliance for Indian Child Welfare and ICWA Children and Families, Amicus Curiae, represented by Krystal Brunner Swendsboe
Christian Alliance for Indian Child Welfare and ICWA Children and Families, Amicus Curiae, represented by Stephen Joseph Obermeier
Goldwater Institute, Texas Public Policy Foundation, Cato Institute, Amicus Curiae, represented by Timothy Mason Sandefur
Ohio, Amicus Curiae, represented by Benjamin Michael Flowers
Project on Fair Representation, Amicus Curiae, represented by John Michael Connolly