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Alaska Native Village Corporation Association, Inc., et al. 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: 51% cert probability (95% interval 38%–65%)

Before the decision, about 12.4× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a D.C. Circuit decision below.

Question presented

Consolidated with 20-543. The Indian Self-Determination and Education Assistance Act (ISDEAA) defines “Indian tribe” as: 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 (85 Stat. 688), 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). Consistent with Congress’ express inclusion of “Alaska Native … regional [and] village corporation[s]” (ANCs) in the text, the Executive has long treated ANCs as “Indian tribes” under ISDEAA and the dozens of statutes that incorporate its definition. The Ninth Circuit, home to all ANCs, likewise has long held that ANCs are “Indian tribes” under ISDEAA. Thus, for decades ANCs have played a critical role in distributing federal benefits to Alaska Natives. Accordingly, when Congress earmarked $8 billion in Title V of the CARES Act for Indian tribes and incorporated the ISDEAA definition, the Treasury Secretary quite naturally obligated part of those funds to ANCs. Yet in acknowledged conflict with the Ninth Circuit and long-settled agency practice, the decision below holds that ANCs do not satisfy the ISDEAA definition that the CARES Act incorporates. The question presented is: Whether ANCs are “Indian tribes” under ISDEAA and therefore are eligible for emergency-relief funds under Title V of the CARES Act.

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

Related
Vide, 20-543

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

Jul 27 2021
JUDGMENT ISSUED.
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.
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.
Mar 31 2021
Amicus brief of Professors and Historians not accepted for filing. (April 28, 2021--to be filed in lead case No. 20-543)
Mar 30 2021
CIRCULATED
Mar 16 2021
The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer.
Mar 16 2021
The record from the U.S.C.A. D.C. Circuit is electronic and located on Pacer.
Mar 15 2021
Record requested.
Mar 12 2021
SET FOR ARGUMENT on Monday, April 19, 2021. VIDED.
Jan 08 2021
Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. GRANTED.
Jan 08 2021
Petition GRANTED. The petition for a writ of certiorari in No. 20-543 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
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.”
Dec 23 2020
DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020
Reply of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. (Distributed)
Dec 22 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.
Dec 16 2020
Brief of respondents Confederated Tribes of the Chehalis Reservation, et al., et al. in opposition filed. VIDED.
Dec 16 2020
Brief of respondents Cheyenne River Sioux Tribe, et al. in opposition filed. VIDED.
Dec 16 2020
Brief of respondents Ute Indian Tribe of the Uintah and Ouray Reservation in opposition filed. VIDED. (Distributed)
Nov 23 2020
Brief amicus curiae of Alaska Federation of Natives filed. VIDED.
Nov 18 2020
Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. VIDED.
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.
Nov 13 2020
Motion to extend the time to file a response from November 25, 2020 to December 16, 2020, submitted to The Clerk.
Nov 04 2020
Brief amicus curiae of State of Alaska filed.
Oct 21 2020
Petition for a writ of certiorari filed. (Response due November 25, 2020)