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Sally Jim v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 16-17109 · judgment June 4, 2018


Certiorari denied · May 28, 2019
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

Whether treaties with Indian tribes must be construed consistent with that tribe’s present-sense understanding of the treaty. Whether the Miccosukee Tribe’s long-standing method of compensation for use of Tribal member lands and distributing revenue from land to its members can be considered a “mere formalism” to avoid inclusion and taxation as income to the members when the Tribe’s chosen method of compensation is soundly in line with federal law and policy. Whether the Assistant Secretary of the Interior through its designated representative can interpret, waive, modify or exempt payments made to tribal members from inclusion as income.

Counsel of record

For petitioner
Robert Osley Saunooke
Saunooke Law Firm, PA

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Related
Vide, 18-895

Linked docket
18A377

Proceedings

  1. May 28 2019
    Petition DENIED.
  2. May 07 2019
    DISTRIBUTED for Conference of 5/23/2019.
  3. Apr 22 2019
    Brief of respondent United States of America in opposition filed. VIDED.
  4. Mar 13 2019
    Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2019.
  5. Mar 12 2019
    Motion to extend the time to file a response from March 21, 2019 to April 22, 2019, submitted to The Clerk.
  6. Feb 19 2019
    Response Requested. (Due March 21, 2019)
  7. Feb 06 2019
    DISTRIBUTED for Conference of 2/22/2019.
  8. Feb 04 2019
    Waiver of right of respondent United States of America to respond filed.
  9. Jan 07 2019
    Petition for a writ of certiorari filed. (Response due February 11, 2019)
  10. Oct 12 2018
    Application (18A377) granted by Justice Thomas extending the time to file until January 6, 2019.
  11. Oct 05 2018
    Application (18A377) to extend the time to file a petition for a writ of certiorari from November 7, 2018 to January 6, 2019, submitted to Justice Thomas.