Decided
Plains Commerce Bank v. Long Family Land & Cattle
Holding
(1) Plains Commerce Bank has Article III standing to pursue this challenge; and (2) the tribal court did not have jurisdiction to adjudicate a discrimination claim concerning the non-Indian bank"s sale of its free land.
Judgment
Reversed, 5-4, in an opinion by John Roberts on Jun 25, 2008. Justices Stevens, Souter, Ginsburg, and Breyer joined the majority opinion as to Part II. Justice Ginsburg filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Justices Stevens, Souter, and Breyer joined.
Merits briefs
- Brief for Petitioner Plains Commerce Bank
- Brief for Respondent Long Family Land and Cattle Company, Inc., Ronnie Long and Lila Long
- Reply Brief for Petitioner Plains Commerce Bank
Amicus briefs
- Brief for the States of Idaho, Alaska, Florida, Oklahoma, North Dakota, South Dakota, Utah, Washington, and Wisconsin in Support of Petitioner
- Brief for the American Bankers Association and the South Dakota Bankers Association in Support of Petitioner
- Brief for the Mountain States Legal Foundation in Support of Petitioner
- Brief for the Association of American Railroads in Support of Petitioner
- Brief for Clearwater County, Idaho County, and Louis County, Idaho; Cass County, Mahnomen County, and Mille Lacs County, Minnesota in Support of Petitioner
- Brief for the National Network to End Domestic Violence, Sacred Circle, and the National Resource Center to End Violence Against Native Women, et al., in Support of Respondent
- Brief for the National American Indian Court Judges Association, the Navajo Nation, and the Northwest Intertribal Court System in Support of Respondent
- Brief for the Cheyenne River Sioux Tribe in Support of Respondent
- Brief for the United States in Support of Respondent
- Brief for the National Congress of American Indians, et al., in Support of Respondent
Certiorari filings
Sep 21, 2007Petition for a writ of certiorari filed. (Response due October 26, 2007)
Oct 11, 2007Order extending time to file response to petition to and including November 26, 2007.
Nov 26, 2007Brief of respondent Long Family Land and Cattle Company, Inc., et al. in opposition filed.
Dec 7, 2007Reply of petitioner Plains Commerce Bank filed.
Dec 12, 2007DISTRIBUTED for Conference of January 4, 2008.
Jan 4, 2008Petition GRANTED. The brief of petitioner is to be filed on or before Thursday, February 14, 2008. The brief of respondents is to be filed on or before Wednesday, March 12, 2008. A reply brief, if any, is to be filed in accordance with Rule 25.3 of the Rules of this Court.
Jan 30, 2008SET FOR ARGUMENT ON Monday, April 14, 2008.
Feb 13, 2008Letter from counsel for the petitioner consenting to the filing of amicus curiae briefs in support of either party, or neither party filed.
Feb 14, 2008Joint appendix filed. (Statement of costs filed)
Feb 14, 2008Brief of petitioner Plains Commerce Bank filed.
Feb 20, 2008Letter from counsel for the respondents consenting to the filing of amicus curiae briefs in support of either party, or neither party, filed.
Feb 20, 2008Brief amici curiae of Idaho, et al. filed.
Feb 21, 2008Brief amici curiae of Idaho County and Lewis County, Idaho, and Cass County and Mahnomen County, Minnesota filed.
Feb 21, 2008Brief amicus curiae of Association of American Railroads filed.
Feb 21, 2008Brief amici curiae of American Bankers Association, et al. filed.
Feb 21, 2008Brief amicus curiae of Mountain States Legal Foundation filed.
Feb 21, 2008Record received from the U.S.C.A. for the 8th Circuit. (1 envelope)
Mar 5, 2008CIRCULATED.
Mar 12, 2008Brief of respondents Long Family Land and Cattle Company, Inc., et al. filed.
Mar 19, 2008Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Mar 19, 2008Brief amicus curiae of United States filed. (Distributed)
Mar 19, 2008Brief amici curiae of National Network to End Domestic Violence, et al. filed. (Distributed)
Mar 19, 2008Brief amicus curiae of Cheyenne River Sioux Tribe filed. (Distributed)
Mar 19, 2008Brief amici curiae of National American Indian Court Judges Association, et al. filed. (Distributed)
Mar 19, 2008Brief amici curiae of National Congress of American Indians, et al. filed. (Distributed)
Mar 31, 2008Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 4, 2008Reply of petitioner Plains Commerce Bank filed. (Distributed)
Apr 7, 2008Record for the U.S.D.C. for the District of South Dakota is electronically filed.
Apr 14, 2008Argued. For petitioner: Paul A. Banker, Minneapolis, Minn. For respondents: David C. Frederick, Washington, D.C.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)
Apr 29, 2008Letter dated April 22, 2008 received from counsel for the respondent. (Distributed).
Jun 25, 2008Judgment REVERSED. Roberts, C. J., delivered the opinion of the Court, in which Scalia, Kennedy, Thomas, and Alito, JJ., joined, and in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined as to Part II. Ginsburg, J., filed an opinion concurring in part, concurring in the judgment in part, and dissenting in part, in which Stevens, Souter, and Breyer, JJ., joined.
Jul 28, 2008JUDGMENT ISSUED.
Aug 15, 2008Acknowledgement of receipt (08/04/08) of judgment from Clerk, United States Court of Appeals for the Eighth Circuit received.
Recommended Citation: Plains Commerce Bank v. Long Family Land & Cattle, SCOTUSblog, https://www.scotusblog.com/cases/plains-commerce-bank-v-long-family-land-cattle/