Supreme Court Report

Supreme Court of the United States · Official docket →

David Patchak v. Ryan Zinke, Secretary of the Interior, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 15-5200 · judgment July 15, 2016

Decided · February 27, 2018
At-filing estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below and a petition filed soon after the judgment below.

Questions presented

Granted limited to question 1 presented by the petition. Petitioner filed a lawsuit challenging the Department of Interior's authority to take into trust a tract of land ("the Bradley Property") near Petitioner's home. In 2009, the District Court dismissed his lawsuit on the ground that Petitioner lacked prudential standing. After the Court of Appeals reversed the District Court, this Court granted review and held that Petitioner has standing, sovereign immunity was waived, and his "suit may proceed." Match-E-Be-Nash-SheWish Band of Pottawatomi Indians v. Patchak, 132 S.Ct. at 2199, 2203 (2012) ( "Patchak I'). While summary judgment briefing was underway in the District Court following remand from this Court, Congress enacted the Gun Lake Act-a standalone statute which directed that any pending (or future) case "relating to" the Bradley Property "shall be promptly dismissed," but did not amend any underlying substantive or procedural laws. Following the statute's directive, the District Court entered summary judgment for Defendant, and the Court of Appeals affirmed.

  1. Does a statute directing the federal courts to "promptly dismiss” a pending lawsuit following substantive determinations by the courts (including this Court's determination that the "suit may proceed")-without amending underlying substantive or procedural laws-violate the Constitution’s separation of powers principles?

  2. Does a statute which does not amend a generally applicable substantive or procedural laws, but deprives Petitioner the right to pursue his pending lawsuit, violate the Due Process Clause of the Fifth Amendment?

Counsel of record

For petitioner
Scott E. Gant
Boies Schiller Flexner LLP

For respondent
Noel John Francisco
Jones Day

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
6 merits
(1 supporting pet./neither, 5 respondent)

Order
Order list, October 10, 2017

Argument & decision

Argued November 7, 2017 — Scott E. Gant · Ann O'Connell · Pratik A. Shah. Listen and read along · the Court’s audio

Decided February 27, 2018. Opinion by Thomas.

Proceedings

  1. Apr 02 2018
    JUDGMENT ISSUED.
  2. Feb 27 2018
    Adjudged to be AFFIRMED. Thomas, J., announced the judgment of the Court and delivered an opinion, in which Breyer, Alito, and Kagan, JJ., joined. Breyer, J., filed a concurring opinion. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor, J., joined. Sotomayor, J., filed an opinion concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Kennedy and Gorsuch, JJ., joined.
  3. Nov 07 2017
    Argued. For petitioner: Scott E. Gant, Washington, D. C. For federal respondents: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians respondent: Pratik A. Shah, Washington, D. C.
  4. Oct 11 2017
    Reply of petitioner David Patchak filed. (Distributed)
  5. Oct 10 2017
    Motion for divided argument filed by respondent GRANTED.
  6. Sep 18 2017
    Brief amici curiae of Wayland Township, et al. filed. (Distributed)
  7. Sep 18 2017
    Brief amicus curiae of U.S. House of Representatives filed. (Distributed)
  8. Sep 18 2017
    Brief amicus curiae of National Congress of American Indians filed. (Distributed)
  9. Sep 18 2017
    Brief amici curiae of Federal Courts and Federal Indian Law Scholars filed. (Distributed)
  10. Sep 18 2017
    Brief amicus curiae of Professor Edward A. Hartnett filed. (Distributed)
  11. Sep 18 2017
    Motion for divided argument filed by respondent.
  12. Sep 15 2017
    Blanket Consent filed by Respondent, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians on 09/15/2017
  13. Sep 12 2017
    Record requested from the U.S.C.A. District of Columbia Circuit.
  14. Sep 11 2017
    Brief of respondent Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians filed. (Distributed)
  15. Sep 11 2017
    Brief of Federal Respondents filed. (Distributed)
  16. Sep 07 2017
    CIRCULATED
  17. Aug 31 2017
    SET FOR ARGUMENT on Tuesday, November 7, 2017
  18. Jul 19 2017
    Brief amici curiae of Federal Courts Scholars filed.
  19. Jul 12 2017
    Joint appendix filed. (Statement of costs filed)
  20. Jul 12 2017
    Brief of petitioner David Patchak filed.
  21. May 16 2017
    The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 13, 2017.
  22. May 16 2017
    The time to file respondents' briefs on the merits is extended to and including September 11, 2017.
  23. May 01 2017
    Motion for leave to file amici brief filed by Federal Courts Scholars GRANTED.
  24. May 01 2017
    Petition GRANTED limited to Question 1 presented by the petition.
  25. Apr 24 2017
    DISTRIBUTED for Conference of April 28, 2017.
  26. Apr 05 2017
    DISTRIBUTED for Conference of April 21, 2017.
  27. Apr 03 2017
    Reply of petitioner David Patchak filed.
  28. Mar 20 2017
    Brief of Federal Respondents in opposition filed.
  29. Feb 15 2017
    Order further extending time to file response to petition to and including March 20, 2017.
  30. Jan 12 2017
    Order extending time to file response to petition to and including February 16, 2017.
  31. Dec 15 2016
    Response Requested. (Due January 17, 2017)
  32. Nov 30 2016
    DISTRIBUTED for Conference of January 6, 2017.
  33. Nov 28 2016
    Opposition of intervenor-respondent Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, to motion for leave to file amicus curiae brief of Federal Courts Scholars filed.
  34. Nov 14 2016
    Waiver of right of respondent Sally Jewel, Secretary of the Interior, et al. to respond filed.
  35. Nov 14 2016
    Motion for leave to file amici brief filed by Federal Courts Scholars.
  36. Nov 11 2016
    Brief of respondent Match-E-Be-Nash-She-Wish band of Pottawatomi Indians in opposition filed.
  37. Oct 11 2016
    Petition for a writ of certiorari filed. (Response due November 14, 2016)