Supreme Court Report

Supreme Court of the United States · Official docket →

Janet L. Yellen, Secretary of the Treasury v. Confederated Tribes of the Chehalis Reservation, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5204, 20-5205, 20-5209 · judgment September 25, 2020

Decided · June 25, 2021
Pre-decision estimate: 81% cert probability (95% interval 71%–88%)

Before the decision, about 19.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a petition filed soon after the judgment below, and counsel who has won certiorari before.

Question presented

Consolidated with 20-544. In the Coronavirus Aid, Relief, and Economic Security or CARES Act, Congress directed the Secretary of the Treasury to disburse $8 billion of relief funds “to Tribal governments.” Pub. L. No. 116-136, Div. A, Tit. V,§ 5001(a), 134 Stat. 501-502 (42 U.S.C. 801(a)(2)(B)). The CARES Act defines a “Tribal government” as “the recognized governing body of an Indian Tribe,” 42 U.S.C. 801(g)(5), and provides that “[t]he term ‘Indian Tribe’ has the meaning given that term in” the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. 5301 et seq. 42 U.S.C. 801(g)(1). ISDA, in turn, defines “Indian tribe” to mean “any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act * * *, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” 25 U.S.C. 5304(e). The question presented is as follows: Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1).

Counsel of record

For petitioner
Paul D. Clement
Clement & Murphy, PLLC

For respondent
Nicole E. Ducheneaux
Big Fire Law & Policy Group

Case

Conference history
Distributed for 1 conference

Amicus briefs
2 cert-stage · 10 merits
(5 supporting pet./neither, 5 respondent)

Related
Vide, 20-544

Argument & decision

Argued April 19, 2021 — Matthew Guarnieri · Paul D. Clement · Jeffrey S. Rasmussen. Audio and transcript

Decided June 25, 2021. Opinion by Sotomayor.

Proceedings

  1. Jul 27 2021
    JUDGMENT ISSUED.
  2. Jun 25 2021
    Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kavanaugh, and Barrett, JJ., joined, and in which Alito, J., joined as to Parts I, II–C, II–D, III, and IV. Gorsuch, J., filed a dissenting opinion, in which Thomas and Kagan, JJ., joined. VIDED.
  3. May 12 2021
    Letter of petitioner Janet L. Yellen, Secretary of the Treasury notifying Court of April 30, 2021 Dept. of Treasury revised methodology filed. VIDED. (Distributed)
  4. Apr 23 2021
    Letter of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED.
  5. Apr 23 2021
    Letter to the Clerk of the Court from the Ute Indian Tribe of the Uintah and Ouray Reservation of Ute Indian Tribe of the Uintah and Ouray Reservation not accepted for filing. (April 30, 2021)
  6. Apr 22 2021
    Letter of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. VIDED.
  7. Apr 20 2021
    Letter from counsel for Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
  8. Apr 19 2021
    Argued. For petitioner in 20-543: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For petitioners in 20-544: Paul D. Clement, Washington, D. C. For respondents: Jeffrey S. Rasmussen, Louisville, Colo. VIDED.
  9. Apr 16 2021
    Motion for divided argument filed by petitioner GRANTED. VIDED.
  10. Apr 16 2021
    Motion for divided argument filed by Ute Indian Tribe of the Uintah and Ouray Reservation DENIED. VIDED.
  11. Apr 15 2021
    Supplemental response of the Confederated Tribes of the Chehalis Reservation, et al. filed in support of the Ute Indian Tribe of the Uintah and Ouray Reservation motion for divided argument. VIDED.
  12. Apr 09 2021
    Reply of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED. (Distributed)
  13. Apr 09 2021
    Reply of petitioners Alaska Native Village Corporation Association, Inc., et al. filed (in No. 20-544). (Distributed)
  14. Apr 07 2021
    Response to motion of Ute Indian Tribe of the Uintah and Ouray Reservation from respondents Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
  15. Mar 31 2021
    Brief amicus curiae of Representative Raúl M. Grijalva filed. VIDED. (Distributed)
  16. Mar 31 2021
    Brief amici curiae of Five Indian Tribes filed. VIDED. (Distributed)
  17. Mar 31 2021
    Brief amici curiae of National Congress of American Indians, et al. filed. VIDED. (Distributed)
  18. Mar 31 2021
    Brief amici curiae of States of Utah, et al. filed. VIDED. (Distributed)
  19. Mar 31 2021
    Brief amici curiae of Professors and Historians filed. VIDED. (Distributed)
  20. Mar 31 2021
    Motion for divided argument filed by petitioners Janet L. Yellen, Secretary of the Treasury. VIDED.
  21. Mar 31 2021
    Motion for divided argument filed by respondent Ute Indian Tribe of the Uintah and Ouray Reservation. VIDED.
  22. Mar 30 2021
    CIRCULATED
  23. Mar 24 2021
    Brief of respondents Confederated Tribes of the Chehalis Reservation, et al. filed. VIDED.
  24. Mar 24 2021
    Brief of respondent Ute Indian Tribe of the Uintah and Ouray Reservation filed. VIDED.
  25. Mar 16 2021
    The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer.
  26. Mar 16 2021
    The record from the U.S.C.A. D.C. Circuit is electronic and located on Pacer.
  27. Mar 15 2021
    Record requested.
  28. Mar 12 2021
    SET FOR ARGUMENT on Monday, April 19, 2021. VIDED.
  29. Mar 01 2021
    Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
  30. Mar 01 2021
    Brief amicus curiae of Association of Alaska Housing Authorities filed. VIDED.
  31. Mar 01 2021
    Brief amicus curiae of Cook Inlet Region, Inc. filed. VIDED.
  32. Feb 26 2021
    Brief amicus curiae of State of Alaska filed. VIDED.
  33. Feb 26 2021
    Brief amici curiae of US Senators Lisa Murkowski, et al. filed. VIDED.
  34. Feb 22 2021
    Brief of petitioner Janet L. Yellen, Secretary of the Treasury filed. VIDED.
  35. Feb 22 2021
    Joint appendix filed. (Statement of costs filed 5/12/21). VIDED.
  36. Feb 22 2021
    Brief of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. (in No. 20-544)
  37. Jan 08 2021
    Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. GRANTED.
  38. Jan 08 2021
    Petition GRANTED. The petition for a writ of certiorari in No. 20-544 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
  39. Jan 08 2021
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 20-543. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 20-543. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  40. Dec 28 2020
    Reply of petitioner Steven T. Mnuchin, Secretary of the Treasury filed. (Distributed)
  41. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  42. Dec 18 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
  43. Dec 16 2020
    Brief of respondents Confederated Tribes of the Chehalis Reservation, et al., et al. in opposition filed. VIDED.
  44. Dec 16 2020
    Brief of respondents Cheyenne River Sioux Tribe, et al. in opposition filed. VIDED.
  45. Dec 16 2020
    Brief of respondents Ute Indian Tribe of the Uintah and Ouray Reservation in opposition filed. VIDED. (Distributed)
  46. Nov 23 2020
    Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
  47. Nov 18 2020
    Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. VIDED.
  48. Nov 16 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020, for all respondents.
  49. Nov 13 2020
    Motion to extend the time to file a response from November 25, 2020 to December 16, 2020, submitted to The Clerk.
  50. Nov 04 2020
    Brief amicus curiae of State of Alaska filed. VIDED.
  51. Oct 23 2020
    Petition for a writ of certiorari filed. (Response due November 25, 2020)