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Upper Skagit Indian Tribe v. Sharline Lundgren, et vir

Paid petition · Supreme Court of Washington, No. 91622-5 · judgment June 8, 2017

Decided · May 21, 2018
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does a court's exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

Counsel of record

For petitioner
Arthur W. Harrigan Jr.

For respondent
Scott Martin Ellerby
Mullavey, Prout, Grenley & Foe, LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
8 merits
(5 supporting pet./neither, 3 respondent)

Argument & decision

Argued March 21, 2018 — David S. Hawkins · Eric D. Miller. Audio and transcript

Decided May 21, 2018. Opinion by Gorsuch.

Proceedings

  1. Jun 22 2018
    MANDATE ISSUED.
  2. Jun 22 2018
    JUDGMENT ISSUED.
  3. May 21 2018
    Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a concurring opinion, in which Kennedy, J., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
  4. Mar 21 2018
    Argued. For petitioner: David S. Hawkins, Sedro-Woolley, Wash.; and Ann O’Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Eric D. Miller, Seattle, Wash.
  5. Mar 16 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  6. Mar 12 2018
    Reply of petitioner Upper Skagit Indian Tribe filed. (Distributed)
  7. Feb 28 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  8. Feb 28 2018
    Brief amicus curiae of Public Service Company of New Mexico filed. (Distributed)
  9. Feb 28 2018
    Brief amici curiae of Village of Union Springs, Town of Springport, Cayuga County filed. (Distributed)
  10. Feb 28 2018
    Brief amicus curiae of Seneca County, New York filed. (Distributed)
  11. Feb 21 2018
    Record requested from the Supreme Court of Washington.
  12. Feb 21 2018
    Brief of respondents Sharline Lundgren and Ray Lundgren filed. (Distributed)
  13. Feb 07 2018
    CIRCULATED
  14. Jan 29 2018
    Brief amici curiae of Cayuga Nation, Seneca Nation of Indians, Saint Regis Mohawk Tribe, Cherokee Nation, Pueblo of Pojoaque filed.
  15. Jan 29 2018
    Brief amici curiae of Fond du Lac Band of Lake Superior Chippewa, Puyallup Tribe of Indians, and Skokomish Indian Tribe filed.
  16. Jan 29 2018
    Brief amicus curiae of United States filed.
  17. Jan 29 2018
    Brief amici curiae of States of Illinois, Indiana, New Mexico, and Texas filed in Support of Neither Party
  18. Jan 29 2018
    Brief amici curiae of National Congress of American Indians, et al. filed.
  19. Jan 24 2018
    SET FOR ARGUMENT ON Wednesday, March 21, 2018
  20. Jan 22 2018
    Brief of petitioner Upper Skagit Indian Tribe filed.
  21. Jan 22 2018
    Joint appendix filed. (Statement of costs filed.)
  22. Dec 08 2017
    Petition GRANTED.
  23. Dec 04 2017
    DISTRIBUTED for Conference of 12/8/2017.
  24. Nov 27 2017
    DISTRIBUTED for Conference of 12/1/2017.
  25. Nov 17 2017
    Rescheduled.
  26. Nov 01 2017
    DISTRIBUTED for Conference of 11/21/2017.
  27. Oct 27 2017
    Reply of petitioner Upper Skagit Indian Tribe filed.
  28. Oct 13 2017
    Brief of respondents Sharline Lundgren and Ray Lundgren in opposition filed.
  29. Sep 11 2017
    Petition for a writ of certiorari filed. (Response due October 13, 2017)