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The Cherokee Nation v. David Bernhardt, Secretary of the Interior, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-7042, 17-7044 · judgment September 5, 2019

Certiorari denied · June 22, 2020
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Tenth Circuit decision below.

Questions presented

  1. Whether the Secretary of the Interior exceeded his statutory authority by taking land located within the reservation boundaries of one Indian Tribe and placing the land in trust for another Tribe, despite the objections of the first Tribe and in violation of a regulatory prohibition and the United States’ treaty promises to the first Tribe.

  2. Whether the Court should hold this petition pending its disposition of Maine Community Health Options v. United States, No. 18-1023 (argued Dec. 10, 2019), because this case raises the same issue concerning implied repeals effected by appropriations laws and the proper standard for determining what law to apply. (i)

Counsel of record

For petitioner
Carter G. Phillips
Sidley Austin LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 22 2020
    Petition DENIED.
  2. Jun 02 2020
    DISTRIBUTED for Conference of 6/18/2020.
  3. May 28 2020
    Reply of petitioner The Cherokee Nation filed.
  4. May 07 2020
    Motion to delay distribution of the petition for a writ certiorari until June 2, 2020, granted.
  5. May 06 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 19, 2020 to June 2, 2020, submitted to The Clerk.
  6. May 01 2020
    Brief of respondents David Bernhardt, et al. in opposition filed.
  7. May 01 2020
    Brief of Cowan, Klint Austin United Keetoowah Band of Cherokee Indians In Oklahoma in opposition filed.
  8. Apr 14 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2020, for all respondents.
  9. Apr 13 2020
    Motion to extend the time to file a response from April 27, 2020 to May 1, 2020, submitted to The Clerk.
  10. Mar 23 2020
    Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk.
  11. Mar 23 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including April 27, 2020, for all respondents.
  12. Feb 26 2020
    Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2020, for all respondents.
  13. Feb 25 2020
    Motion to extend the time to file a response from February 26, 2020 to March 27, 2020, submitted to The Clerk.
  14. Jan 23 2020
    Petition for a writ of certiorari filed. (Response due February 26, 2020)