Decided
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak
Linked with Salazar v. Patchak (11-247)
Holding
The federal government has waived its sovereign immunity from the respondent"s suit under the Administrative Procedure Act, in which he alleges that Section 465 of the Indian Reorganization Act did not authorize the Secretary of the Interior to acquire into trust property that the Band intended to use for "gaming purposes" because the Band was not a federally recognized tribe when the Indian Reorganization Act was enacted in 1934. Moreover, the respondent has prudential standing to challenge the Secretary"s acquisition of the land in question.
Judgment
Affirmed, 8-1, in an opinion by Elena Kagan on Jun 18, 2012. Justice Sotomayor filed a dissenting opinion.
Merits Briefs for the Petitioners
- Brief for the Match-E-Be-Nash-She-Wish Band of the Pottawatomie Indians
- Reply Brief for Petitioner Match-E-Be-Nash-She-Wish Band of Pottawatomie Indians
- Brief for the Federal Petitioners
- Reply Brief for the Federal Petitioners
Amicus Briefs in Support of the Petitioners
- Brief for the National Congress of American Indians and Native American Finance Officers Assn.
- Brief for Wayland Township et al.
Merits Briefs for the Respondents
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Related Coverage
Jun 14, 2011Application (10A1224) to extend the time to file a petition for a writ of certiorari from June 26, 2011 to July 26, 2011, submitted to The Chief Justice.
Jun 15, 2011Application (10A1224) granted by The Chief Justice extending the time to file until July 26, 2011.
Jul 14, 2011Application (10A1224) to extend further the time to file a petition for a writ of certiorari from July 26, 2011 to August 25, 2011, submitted to The Chief Justice.
Jul 18, 2011Application (10A1224) granted by The Chief Justice extending the time to file until August 25, 2011.
Aug 25, 2011Petition for a writ of certiorari filed. (Response due September 26, 2011)
Sep 15, 2011Order extending time to file response to petition to and including October 26, 2011.
Sep 23, 2011Brief amici curiae of Wayland Township, Allegan County, et al. filed. VIDED.
Sep 26, 2011Brief amicus curiae of National Congress of American Indians filed. VIDED.
Oct 17, 2011Order further extending time to file response to petition to and including November 9, 2011.
Nov 9, 2011Brief of respondent David Patchak in opposition filed. VIDED.
Nov 21, 2011Reply of petitioner Match-E-Be-Nash-She-Wish Band of Pottawotomi Indians filed.
Nov 22, 2011DISTRIBUTED for Conference of December 9, 2011.
Dec 12, 2011Petition GRANTED The petition for a writ of certiorari in No. 11-247, Salazar v. Patchak, is granted. The cases are consolidated and a total of one hour is allotted for oral argument. VIDED
Jan 5, 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including February 7, 2012. VIDED.
Jan 5, 2012The time to file respondents' brief on the merits is extended to and including March 20, 2012. VIDED.
Feb 3, 2012SET FOR ARGUMENT ON Tuesday, April 24, 2012
Feb 7, 2012Brief of petitioners Ken L. Salazar, Secretary of the Interior, et al. filed. VIDED.
Feb 7, 2012Joint appendix filed. VIDED. (Statement of costs received.)
Feb 7, 2012Brief of petitioner Match-E-Be-Nash-She-Wish Band of Pottawotomi Indians filed. VIDED.
Feb 14, 2012Brief amici curiae of National Congress of American Indians, et al. filed. VIDED.
Feb 14, 2012Brief amici curiae of Wayland Township, et al. filed. VIDED.
Feb 14, 2012Record received from U.S.C.A. for D.C. Circuit. (1 box)
Feb 15, 2012The record from U.S.D.C. for the District of Columbia is electronic.
Mar 7, 2012CIRCULATED.
Mar 12, 2012Motion for divided argument filed by petitioner Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians. VIDED.
Mar 20, 2012Brief of respondent David Patchak filed. VIDED. (Distributed)
Mar 27, 2012Brief amici curiae of 28 California Community Groups filed. VIDED. (Distributed)
Apr 2, 2012Motion for divided argument filed by petitioners GRANTED. VIDED.
Apr 17, 2012Reply of petitioner Match-E-Be-Nash-She-Wish Band of Pottawotomi Indians filed. VIDED. (Distributed)
Apr 17, 2012Reply of petitioners Ken L. Salazar, Secretary of the Interior, et al. filed. VIDED. (Distributed)
Apr 24, 2012Argued. For petitioners in No. 11-247: Eric D. Miller, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioner in No. 11-246: Patricia A. Millett, Washington, D. C. For respondents: Matthew T. Nelson, Grand Rapids, Mich.
Jun 18, 2012Judgment is affirmed and case remanded Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Ginsburg, Breyer, and Alito, JJ., joined. Sotomayor, J., filed a dissenting opinion.
Jul 20, 2012JUDGMENT ISSUED.
Aug 20, 2012Record returned to U.S.C.A. for District of Columbia Circuit.
Recommended Citation: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, SCOTUSblog, https://www.scotusblog.com/cases/match-e-be-nash-she-wish-band-of-pottawatomi-indians-v-patchak/