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Decided

Carcieri v. Kempthorne

Docket No.07-526
Op. Below1st Circuit
ArgumentNov 3, 2008

Judgment

Reversed, 6-3, in an opinion by Clarence Thomas on Feb 24, 2009.

Proceedings & orders timeline

Oct 18, 2007
Petition for a writ of certiorari filed. (Response due November 23, 2007)
Nov 16, 2007
Order extending time to file response to petition to and including December 26, 2007.
Nov 21, 2007
Brief amici curiae of Alabama, et al. filed.
Dec 20, 2007
Order further extending time to file response to petition to and including January 25, 2008.
Jan 25, 2008
Brief of respondents Dirk Kempthorne, Secretary of the Interior, et al. in opposition filed.
Jan 25, 2008
Motion for leave to file amici brief out of time filed by Citizens Equal Rights Foundation, et al.
Feb 5, 2008
Reply of petitioners Donald L. Carcieri, Governor of Rhode Island, et al. filed. (Distributed)
Feb 6, 2008
DISTRIBUTED for Conference of February 22, 2008.
Feb 25, 2008
Motion for leave to file amici brief out of time filed by Citizens Equal Rights Foundation, et al. DENIED.
Feb 25, 2008
Petition GRANTED limited to Questions 1 and 2 presented by the petition.
Mar 24, 2008
The time within which to file the joint appendix and petitioners' brief on the merits is extended to and including May 12, 2008.
Apr 21, 2008
The time within which to file the joint appendix and petitioners' briefs on the merits is further extended to and including May 23, 2008.
Apr 21, 2008
The time within which to file respondents' brief on the merits is extended to and including July 14, 2008.
May 9, 2008
The time within which to file the joint appendix and petitioners' briefs on the merits is further extended to and including June 6, 2008.
May 9, 2008
The time within which to file respondents' brief on the merits is further extended to and including August 11, 2008.
Jun 6, 2008
Joint appendix filed. Statement of costs received.
Jun 6, 2008
Brief of petitioner Donald L. Carcieri, Governor of Rhode Island filed.
Jun 6, 2008
Brief of petitioner Town of Charlestown, Rhode Island filed.
Jun 6, 2008
Brief of petitioner State of Rhode Island filed.
Jun 13, 2008
Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for petitioner Rhode Island.
Jun 13, 2008
Brief amici curiae of Council of State Governments, et al. filed.
Jun 13, 2008
Brief amici curiae of Alabama, et al. filed.
Jun 19, 2008
Motion for leave to file amici brief out of time filed by Citizens Equal Rights Foundation, et al.
Jul 11, 2008
Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for petitioner Donald L. Carcieri, Governor of Rhode Island
Jul 31, 2008
CIRCULATED
Aug 5, 2008
The time within which to file respondents' brief on the merits is further extended to and including August 18, 2008.
Aug 18, 2008
SET FOR ARGUMENT ON Monday, November 3, 2008.
Aug 18, 2008
Motion for leave to file amici brief out of time filed by Citizens Equal Rights Foundation, et al. GRANTED.
Aug 18, 2008
Motion for divided argument filed by petitioners Donald L. Carcieri, Governor of Rhode Island and petitioner the State of Rhode Island.
Aug 18, 2008
Brief of respondents Dirk Kempthorne, Secretary of the Interior, et al. filed. (Distributed)
Aug 21, 2008
Proposal of counsel for respondents' to lodge copies of 4 documents cited in the respondents' brief filed.
Aug 25, 2008
Motion for divided argument filed by petitioner Town of Charlestown.
Aug 25, 2008
Brief amicus curiae of National Congress of American Indians filed. (Distributed)
Aug 25, 2008
Brief amicus curiae of Narragansett Indian Tribe filed. (Distributed)
Aug 25, 2008
Brief amicus curiae of Law Professors Specializing in Federal Indian Law filed. (Distributed)
Aug 25, 2008
Brief amici curiae of Historians Frederick E. Hoxie, Paul C. Rosier, and Christian W. McMillen filed. (Distributed)
Aug 25, 2008
Brief amici curiae of Standing Rock Sioux Tribe, and Nottawaseppi Huron Band of the Potowatomi filed. (Distributed)
Aug 26, 2008
Motion of Narragansett Indian Tribe for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 26, 2008
Lodging proposal of respondents to lodge four documents from the Department of Interior approved by the Clerk of Court.
Aug 26, 2008
Lodging consisting of four documents received from counsel for the respondents. (Distributed).
Aug 28, 2008
Record received from U.S.D.C for the District of Rhode Island. (3 boxes) U.S.C.A. for the 1st Circuit record included
Aug 28, 2008
Objection of the Town of Charlestown to motion of Governor and Attorney General for divided argument.
Sep 3, 2008
Reply to Town of Charlestown's opposition to motion of petitioners for divided argument filed by petitioner Rhode Island.
Sep 17, 2008
Reply of petitioner Donald L. Carcieri, Governor of Rhode Island filed. (Distributed)
Sep 17, 2008
Reply of petitioner State of Rhode Island filed. (Distributed)
Sep 17, 2008
Reply of petitioner Town of Charlestown, Rhode Island filed. (Distributed).
Oct 6, 2008
Motion for divided argument filed by petitioner DENIED.
Oct 6, 2008
Motion for divided argument filed by petitioner DENIED.
Oct 6, 2008
Motion of Narragansett Indian Tribe for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Oct 27, 2008
Response of petitioner Carcieri to the motion of Town of Charlestown for reconsideration of the motion for divided argument.
Oct 27, 2008
Motion for reconsideration of the motion for divided argument filed by petitioner Town of Charlestown.
Oct 27, 2008
Response of petitioner Rhode Island to the motion of Town of Charlestown for reconsideration of the motion for divided argument.
Oct 29, 2008
Motion for reconsideration of the motion for divided argument filed by petitioner State of Rhode Island.
Oct 29, 2008
Response in opposition of petitioner Town of Charlestown to motion of State of Rhode Island for reconsideration of motion for divided argument.
Oct 31, 2008
Motion for reconsideration of the motion of Rhode Island for divided argument DENIED.
Oct 31, 2008
Motion for reconsideration of the motion of Town of Charlestown for divided argument DENIED.
Nov 3, 2008
Argued. For petitioners: Theodore B. Olson, Washington, D.C. For respondents: Deanne E. Maynard, Assistant to the Solicitor General, Washington, D.C.
Feb 24, 2009
Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kenendy, Breyer, and Alito, JJ., joined. Breyer, J., filed a concurring opinion. Souter, J., filed an opinion concurring in part and dissenting in part, in which Ginsburg, J., joined. Stevens, J., filed a dissenting opinion.
Mar 30, 2009
JUDGMENT ISSUED.

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