Supreme Court of the United States · Official docket →
Thomas Mitchell, et al. v. Tulalip Tribes of Washington
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-35959 · judgment October 25, 2018
Certiorari denied · June 10, 2019
Pre-decision estimate: 2% cert probability
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes’ treaty with the United States?
Counsel of record
For petitioner
Catherine Wright Smith
Smith Goodfriend, P.S.
For respondent
Ian Heath Gershengorn
Jenner & Block
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jun 10 2019Petition DENIED.
- May 23 2019Reply of petitioners Thomas Mitchell, et al. filed. (Distributed)
- May 21 2019DISTRIBUTED for Conference of 6/6/2019.
- May 06 2019Brief of respondent Tulalip Tribes of Washington in opposition filed.
- Mar 21 2019Motion to extend the time to file a response from April 4, 2019 to May 6, 2019, submitted to The Clerk.
- Mar 21 2019Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2019.
- Mar 21 2019Response to motion from petitioner Thomas Mitchell, et al. filed.
- Mar 21 2019Letter in response to petitioner’s March 21, 2019 letter received.
- Mar 21 2019Letter in response to respondent's March 21, 2019 letter from petitioner Thomas Mitchell, et al. received.
- Mar 05 2019Response Requested. (Due April 4, 2019)
- Feb 27 2019DISTRIBUTED for Conference of 3/15/2019.
- Feb 25 2019Waiver of right of respondent Tulalip Tribes of Washington to respond filed.
- Jan 23 2019Petition for a writ of certiorari filed. (Response due February 27, 2019)