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Decided

United States v. Jicarilla Apache Nation

Docket No.10-382
Op. BelowFederal Circuit
ArgumentApr 20, 2011
Vote7-1
AuthorSamuel Alito
OpinionJun 13, 2011
TermOctober Term 2010
SCOTUS PageOpinion

Holding

The fiduciary exception to the attorney-client privilege does not apply to the general trust relationship between the United States and the Native American tribes. (Kagan, J., recused.)

Plain English Holding

In litigation with Native American tribes over the management of money that the government holds on behalf of the tribes, the federal government can refuse to turn over documents relating to communications between the government and its attorneys relating to the money and its management.

Judgment

Reversed and remanded, 7-1, in an opinion by Samuel Alito on Jun 13, 2011. Justice Ginsburg filed an opinion concurring in the judgment, which Justice Breyer joined. Justice Sotomayor filed a dissenting opinion. (Kagan, J., recused.)

Merits Briefs

Amicus Briefs

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Related Coverage

Proceedings & orders timeline

Jul 6, 2010
Application (10A20) to extend the time to file a petition for a writ of certiorari from July 21, 2010 to August 20, 2010, submitted to The Chief Justice.
Jul 7, 2010
Application (10A20) granted by The Chief Justice extending the time to file until August 20, 2010.
Aug 10, 2010
Application (10A20) to extend further the time from August 20, 2010 to September 19, 2010, submitted to The Chief Justice.
Aug 10, 2010
Application (10A20) granted by The Chief Justice extending the time to file until September 19, 2010.
Sep 20, 2010
Petition for a writ of certiorari filed. (Response due October 21, 2010)
Sep 20, 2010
Appendix of United States filed.
Oct 8, 2010
Order extending time to file response to petition to and including December 3, 2010.
Nov 19, 2010
Brief of respondent Jicarilla Apache Nation in opposition filed.
Dec 1, 2010
DISTRIBUTED for Conference of January 7, 2011.
Dec 3, 2010
Reply of petitioner United States filed. (Distributed)
Jan 7, 2011
Petition GRANTED. Justice Kagan took no part in the consideration or decision of this petition.
Feb 7, 2011
SET FOR ARGUMENT ON Wednesday, April 20, 2011.
Feb 22, 2011
Joint appendix filed.
Feb 22, 2011
Brief of petitioner United States filed.
Mar 8, 2011
CIRCULATED.
Mar 24, 2011
Brief of respondent Jicarilla Apache Nation filed. (Distributed)
Mar 30, 2011
Letter of petitioner in response to lodging proposal.
Mar 31, 2011
Brief amici curiae of National Congress of American Indians, et al. filed. (Distributed)
Mar 31, 2011
Brief amici curiae of The Navajo Nation and the Pueblo of Laguna filed. (Distributed)
Mar 31, 2011
Lodging proposal (dated 3/16/11) from counsel for amici curiae The Navajo Nation and The Pueblo of Laguna.
Mar 31, 2011
Letter from amici The Navajo Nation and the Pueblo of Laguna.
Apr 12, 2011
Letter from amici The Navajo Nation and the Pueblo of Laguna.
Apr 13, 2011
Reply of petitioner United States filed. (Distributed)
Apr 20, 2011
Argued. For petitioner: Pratik A. Shah, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Steven D. Gordon, Washington, D. C.
Jun 13, 2011
Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Thomas, JJ., joined. Ginsburg, J.,. filed an opinion concurring in the judgment, in which Breyer, J., joined. Sotomayor, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case.
Jul 15, 2011
JUDGMENT ISSUED.
Jul 19, 2011
Record returned to U.S.C.A. for Federal Circuit.

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