No. 21-376
Deb Haaland, Secretary of the Interior, et al. v. Chad Everet Brackeen, et al.
Tags: 10th-amendment anticommandeering article-iii-standing equal-protection indian-child-welfare-act placement-preferences recordkeeping standing tenth-amendment
Latest Conference:
2022-02-25
(distributed 5 times)
Question Presented (from Petition)
1. Whether various provisions of ICWA —namely, the minimum standards of Section 1912(a), (d), (e), and (f); the placement-preference provisions of Section 1915(a) and (b); and the recordkeeping provisions of Sections 1915(e) and 1951(a) —violate the anticommandeering doctrine of the Tenth Amendment.
2. Whether the individual plaintiffs have Article III standing to challenge ICWA's placement preferences for "other Indian families," 25 U.S.C. 1915(a)(3), and for "Indian foster home[s]," 25 U.S.C. 1915(b)(iii).
3. Whether Section 1915(a)(3) and (b)(iii) are rationally related to legitimate governmental interests and therefore consistent with equal protection.
Question Presented (AI Summary)
Whether ICWA provisions violate the anticommandeering doctrine
Docket Entries
2023-07-17
Judgment issued.
2022-09-13
The record received from the U.S.D.C. Northern District of Texas has been electronically filed.
2022-09-12
The record from the U.S.C.A. 5th circuit is electronic and located on Pacer.
2022-09-12
Record requested from the U.S.C.A. 5th Circuit.
2022-08-21
CIRCULATED
2022-08-15
Blanket Consent filed by Petitioner, Deb Haaland, Secretary of the Interior, et al.
2022-07-21
Blanket Consent filed by Respondent, Navajo Nation
2022-07-21
Blanket Consent filed by Respondent, Cherokee Nation, et al.
2022-03-31
Application (21A555) granted by Justice Alito to file consolidated briefs on the merits in excess of the word limits, provided that plaintiffs/appellees file two consolidated opening briefs on the merits of no more than 20,000 words each and two consolidated reply briefs on the merits of no more than 8,000 words each, and that defendants/appellants file three consolidated response briefs on the merits of no more than 22,500 words each.
2022-03-29
Application (21A555) to file consolidated briefs on the merits in excess of the word limits, submitted to Justice Alito.
2022-02-28
Petition GRANTED. The petitions for writs of certiorari in Nos. 21-377, 21-378, and 21-380 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.
2022-02-22
DISTRIBUTED for Conference of 2/25/2022.
2022-02-11
DISTRIBUTED for Conference of 2/18/2022.
2022-01-18
DISTRIBUTED for Conference of 1/21/2022.
2022-01-10
DISTRIBUTED for Conference of 1/14/2022.
2021-12-22
Reply of petitioners Deb Haaland, Secretary of the Interior, et al. filed. (Distributed)
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-10-29
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.
2021-10-25
Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
2021-10-08
Brief amici curiae of 180 Indian Tribes and 35 Tribal Organizations filed.
2021-10-08
Brief amici curiae of Casey Family Programs, et al. filed.
2021-10-08
Brief amici curiae of California, et al. filed.
2021-10-08
Brief amici curiae of Goldwater Institute, et al. filed.
2021-10-06
Waiver of right of respondent Navajo Nation to respond filed.
2021-09-27
The motions to extend the time to file responses are granted and the time is extended to and including November 8, 2021, for all respondents.
2021-09-24
Motion of Chad E. Brackeen, et al. to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
2021-09-24
Motion of Texas to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
2021-09-03
Petition for a writ of certiorari filed. (Response due October 8, 2021)
Attorneys
497 Indian Tribes and 62 Tribal and Indian Organizations
87 Members of Congress
Academy of Adoption and Assisted Reproduction Attorneys and National Council for Adoption
Larry Stuart Jenkins — Kirton McConkie, Amicus
Administrative Law and Constitutional Law Professors
American Academy of Pediatrics and American Medical Association
Keith Bradley — Squire Patton Boggs (U.S.) LLP, Amicus
American Bar Association
American Civil Liberties Union and Fourteen Affiliates
Kathleen Roberta Hartnett — Cooley LLP, Amicus
American Historical Association and Organization of American Historians
American Psychological Association, Society of Indian Psychologists, Indiana Psychological Association, Louisiana Psychological Association, and Texas Psychological Association
Beth Susan Brinkmann — Covington & Burling LLP, Amicus
Aubrey Nelson and Sam Evans-Brown
April Erin Olson — Rothstein Donatelli LLP, Amicus
Casey Family Programs and Ten Other Child Welfare and Adoption Organizations
Hyland Hunt — Deutsch Hunt PLLC, Amicus
Chad Everet Brackeen, et al.
Matthew Dempsey McGill — Gibson, Dunn & Crutcher LLP, Respondent
Cherokee Nation, et al.
Ian Heath Gershengorn — Jenner & Block, Respondent
Christian Alliance for Indian Child Welfare and ICWA Children and Families
Krystal Brunner Swendsboe — Wiley Rein LLP, Amicus
Citizens for Equal Rights Foundation
Lawrence A. Kogan — The Kogan Law Group, P.C., Amicus
Constitutional Accountability Center
Counsel for the County of Los Angeles
Melania Vartanian — Los Angeles, Amicus
Deb Haaland, Secretary of the Interior, et al.
Elizabeth B. Prelogar — Solicitor General, Petitioner
Family Defense Providers
Charles Rothfeld — Mayer Brown LLP, Amicus
Former Foster Children
Foster Parents and Pacific Legal Foundation
Oliver James Dunford — Pacific Legal Foundation, Amicus
Goldwater Institute, et al.
Timothy Mason Sandefur — Goldwater Institute, Amicus
Indian Law Professors
April Dennise Youpee-Roll — Amicus
National Association of Counsel for Children and 30 other children's rights organizations
Kathryn Ann Eidmann — Public Counsel, Amicus
National Indigenous Women's Resource Center
Mary Kathryn Nagle — Mary Kathryn Nagle, Esq., Amicus
Navajo Nation
Paul Wesley Spruhan — Navajo Naton Department of Justice, Respondent
New Civil Liberties Alliance
Brian Rosner — New Civil Liberties Alliance, Amicus
Professor Gregory Ablavsky
Project on Fair Representation
John Michael Connolly — Consovoy McCarthy PLLC, Amicus
Robyn Bradshaw
Senator James Abourezk
State of California
States of Ohio and Oklahoma
The State of Texas
Judd Edward Stone II — Texas Attorney General's Office, Respondent