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Kristi Noem, Governor of South Dakota, et al. v. Flandreau Santee Sioux Tribe

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 18-1271 · judgment September 6, 2019

Certiorari denied · May 26, 2020
Pre-decision estimate: 9% cert probability (95% interval 5%–16%)

Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and an Eighth Circuit decision below.

Question presented

This Court prescribed the Bracker test to determine whether federal regulation of certain economic activity on Indian reservations preempts state taxation of a non-tribal member’s involvement in the regulated activity. Given the conflicting outcomes that have resulted from the application of the Bracker test since its promulgation 40 years ago, and the inception and maturation of a multi-billion-dollar Indian gaming industry since, the question presented is: Does the Bracker test currently serve as a consistent and predictable rule of law in light of the exponential expansion of Indian gaming since 1988 and the fiscal demands the industry now places on state budgets?

Counsel of record

For petitioner
Paul S. Swedlund

For respondent
Adam G. Unikowsky
Jenner & Block LLP

Case

Conference history
Distributed for 1 conference

Linked docket
19A788

Proceedings

  1. May 26 2020
    Petition DENIED.
  2. May 05 2020
    DISTRIBUTED for Conference of 5/21/2020.
  3. May 01 2020
    Reply of petitioners Kristi Noen, et al. filed. (Distributed)
  4. Apr 20 2020
    Brief of respondent Flandreau Santee Sioux Tribe in opposition filed.
  5. Mar 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020.
  6. Mar 06 2020
    Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk.
  7. Feb 27 2020
    Blanket Consent filed by petitioners Kristi Noen, et al.
  8. Feb 21 2020
    Petition for Writ of Certiorari of Kristi Noem, et al. not accepted for filing. (February 25, 2020)
  9. Feb 21 2020
    Petition for a writ of certiorari filed. (Response due March 27, 2020)
  10. Jan 14 2020
    Application (19A788) granted by Justice Gorsuch extending the time to file until February 21, 2020.
  11. Jan 09 2020
    Application (19A788) to extend the time to file a petition for a writ of certiorari from January 22, 2020 to February 21, 2020, submitted to Justice Gorsuch.
    Main Document