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Ysleta del Sur Pueblo, et al. v. Texas
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-50400 · judgment April 2, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In 1987, following years of negotiation and drafting, the Ysleta del Sur Pueblo (the "Pueblo") and Alabama-Coushatta Tribe of Texas (together, the "Tribes") secured restoration of their trust relationships with the federal government through the Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of Texas Restoration Act ("Restoration Act"). That Act includes a "Gaming Activities" provision that states in relevant part: (a) IN GENERAL.- All gaming activities which are prohibited by the laws of the State of Texas are hereby prohibited on the reservation and on lands of the tribe ... (b) NO STATE REGULATORY JURISDICTION.-Nothing in this section shall be construed as a grant of civil or criminal regulatory jurisdiction to the State of Texas. In 1994, the Fifth Circuit's decision in Ysleta del Sur Pueblo v. Texas, 36 F.3d 1325 (5th Cir. 1994) ("Ysleta I") eschewed the Restoration Act's plain language, legislative history, and this Court's governing precedent to grant Texas regulatory jurisdiction over non-prohibited gaming activities on the Tribes' lands. Ysleta I and its progeny effectively read Section 107(b) out of the Restoration Act and deprive the Pueblo of its sovereign authority to regulate its own non-prohibited gaming. The question presented is: Whether the Restoration Act provides the Pueblo with sovereign authority to regulate non-prohibited gaming activities on its lands (including bingo), as set forth in the plain language of Section 107(b), the Act's legislative history, and this Court's holding in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), or whether the Fifth Circuit's decision affirming Ysleta I correctly subjects the Pueblo to all Texas gaming regulations.
Counsel of record
For petitioner
Brant C Martin
Wick Phillips Gould & Martin LLP
For respondent
Lanora Christine Pettit
Office of the Texas Attorney General
Case
Conference history
Distributed for 5 conferences
Amicus briefs
2 cert-stage · 3 merits
(3 supporting pet./neither)
Argument & decision
Argued February 22, 2022 — Brant C. Martin · Lanora C. Pettit. Audio and transcript
Decided June 15, 2022. Opinion by Gorsuch.
Proceedings
- Jul 18 2022JUDGMENT ISSUED
- Jun 15 2022Judgment VACATED and case REMANDED. Gorsuch, J., delivered the opinion of the Court, in which Breyer, Sotomayor, Kagan, and Barrett, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Thomas, Alito, and Kavanaugh, JJ., joined.
- Feb 22 2022Argued. For petitioners: Brant C. Martin, Fort Worth, Tex.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lanora C. Pettit, Principal Deputy Solicitor General, Austin, Tex.
- Feb 03 2022Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed)
- Jan 24 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Jan 24 2022Motion of Alabama-Coushatta Tribe of Texas for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
- Jan 18 2022CIRCULATED
- Jan 14 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Jan 14 2022Motion of Alabama-Coushatta Tribe of Texas for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Jan 10 2022Brief of respondent Texas filed.
- Dec 21 2021Record requested from the U.S.C.A. 5th Circuit.
- Dec 21 2021The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
- Dec 21 2021The record from the U.S.D.C. Western District of Texas is electronic and located on Pacer.
- Dec 17 2021ARGUMENT SET FOR Tuesday, February 22, 2022.
- Dec 09 2021Brief amicus curiae of Alabama-Coushatta Tribe of Texas filed.
- Dec 09 2021Brief amici curiae of National Indian Gaming Association, et al. filed.
- Dec 09 2021Brief amicus curiae of United States filed.
- Dec 02 2021Brief of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed.
- Dec 02 2021Joint appendix filed. (Statement of costs filed)
- Nov 19 2021Motion to extend the time to file respondent's brief on the merits granted and the time is extended to and including January 10, 2022.
- Nov 17 2021Motion for an extension of time to file respondent's brief on the merits filed.
- Oct 18 2021Petition GRANTED.
- Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
- Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
- Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Sep 03 2021Supplemental brief of respondent Texas filed. (Distributed)
- Aug 25 2021Brief amicus curiae of United States filed.
- Feb 22 2021The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jan 27 2021DISTRIBUTED for Conference of 2/19/2021.
- Jan 25 2021Reply of petitioners Ysleta del Sur Pueblo, The Tribal Council, The Tribal Governor Michael Silvas or his Successor filed. (Distributed)
- Jan 21 2021The record from the U.S.D.C. Western Dist. of Texas is electronic and located on Pacer.
- Jan 11 2021Brief of respondent State of Texas in opposition filed.
- Nov 13 2020Motion to extend the time to file a response is granted and the time is extended to and including January 11, 2021.
- Nov 12 2020Motion to extend the time to file a response from December 10, 2020 to January 11, 2021, submitted to The Clerk.
- Nov 10 2020Response Requested. (Due December 10, 2020)
- Nov 03 2020Brief amici curiae of Alabama-Coushatta Tribe of Texas, et al. filed. (Distributed)
- Oct 28 2020DISTRIBUTED for Conference of 11/13/2020.
- Oct 26 2020Waiver of right of respondent State of Texas to respond filed.
- Oct 09 2020Petition for a writ of certiorari filed. (Response due November 16, 2020)