Supreme Court of the United States · Official docket →
Chad Everet Brackeen, et al. v. Deb Haaland, Secretary of the Interior, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-11479 · judgment April 6, 2021
Before the decision, about 2.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Fifth Circuit decision below, and a dissent in the court below (flagged in the petition).
Questions presented
Consolidated with 21-376. State child-custody proceedings generally are governed by state law, with placement decisions based on the child's best interests. The Indian Child Welfare Act of 1978 ("ICWA"), 25 U.S.C. §§ 1901-1963, however, dictates that, in any custody proceeding "under State law" involving an "Indian child," "preference shall be given" to placing the child with "(1) a member of the child's extended family; (2) other members of the Indian child's tribe; or (3) other Indian families" rather than with non-Indian adoptive parents. Id. § 1915(a); see also id. § 1915(b). The en banc Fifth Circuit fractured over the constitutionality of the placement preferences, affirming in part the lower court's decision striking them down as unconstitutional. The questions presented are:
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Whether ICWA's placement preferences- which disfavor non-Indian adoptive families in child- placement proceedings involving an "Indian child" and thereby disadvantage those children-discriminate on the basis of race in violation of the U.S. Constitution.
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Whether ICWA's placement preferences exceed Congress's Article I authority by invading the arena of child placement-the "virtually exclusive province of the States," Sosna v. Iowa, 419 U.S. 393, 404 (1975)-and otherwise commandeering state courts and state agencies to carry out a federal child-placement program.
Counsel of record
For petitioner
Matthew Dempsey McGill
Gibson, Dunn & Crutcher LLP
For respondent
Ian Heath Gershengorn
Jenner & Block
Argument & decision
Argued November 9, 2022 — Matthew D. McGill · Judd E. Stone · Edwin S. Kneedler · Ian H. Gers.... Audio and transcript
Decided June 15, 2023. Opinion by Barrett.
Proceedings
- Jul 17 2023Judgment issued.
- Jun 15 2023Adjudged to be AFFIRMED IN PART, REVERSED IN PART, VACATED AND REMANDED IN PART. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Sotomayor and Jackson, JJ., joined as to Parts I and III. Kavanaugh, J., filed a concurring opinion. Thomas, J., and Alito, J., filed dissenting opinions. VIDED.
- Nov 09 2022Argued. For Chad Everet Brackeen, et al.: Matthew D. McGill, Washington, D. C. For Texas: Judd E. Stone, II, Solicitor General, Austin, Tex. For federal parties: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For tribal parties: Ian H. Gershengorn, Washington, D. C. VIDED.
- Sep 12 2022Record requested from the U.S.C.A. 5th Circuit.
- Sep 12 2022The record from the U.S.C.A. 5th circuit is electronic and located on Pacer.
- Sep 12 2022The record received from the U.S.D.C. Northern District of Texas has been electronically filed.
- Aug 31 2022CIRCULATED
- Aug 03 2022ARGUMENT SET FOR Wednesday, November 9, 2022. VIDED.
- Jul 21 2022Blanket Consent filed by Respondent, Navajo Nation
- Feb 28 2022Petition GRANTED. The petitions for writs of certiorari in Nos. 21-376, 21-377, and 21-378 are granted. The cases are consolidated, and a total of one hour is allotted for oral argument. Parties that were plaintiffs/appellees in the lower courts shall file opening and reply briefs in conformity with Rules 33.1(g)(v) and 33.1(g)(vii), under the schedule set forth in Rules 25.1 and 25.3. Parties that were defendants/appellants in the lower courts shall file briefs in conformity with Rule 33.1(g)(vi), under the schedule set forth in Rule 25.2.
- Feb 28 2022Because 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. 21-376. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-376. 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.”
- Feb 22 2022DISTRIBUTED for Conference of 2/25/2022.
- Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
- Jan 18 2022DISTRIBUTED for Conference of 1/21/2022.
- Jan 10 2022DISTRIBUTED for Conference of 1/14/2022.
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 22 2021Reply of petitioners Chad Brackeen, et al. filed. (Distributed)
- Dec 08 2021Brief of respondents Cherokee Nation, et al. in opposition filed.
- Dec 08 2021Brief of respondents Navajo Nation in opposition filed. VIDED.
- Dec 08 2021Brief of respondents Texas in opposition filed. VIDED.
- Dec 08 2021Brief of respondents Federal Respondents in opposition filed.
- Oct 29 2021Motion to extend the time to file a response is granted and the time is further extended to and including December 8, 2021, for all respondents.
- Oct 25 2021Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
- Oct 08 2021Brief amici curiae of Christian Alliance for Indian Child Welfare, et al. filed.VIDED
- Oct 08 2021Brief amici curiae of Goldwater Institute, et al. filed.VIDED
- Oct 05 2021Brief amicus curiae of Project on Fair Representation filed.VIDED
- Oct 04 2021Brief amicus curiae of Ohio filed.VIDED
- Sep 27 2021Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2021, for all respondents.
- Sep 24 2021Motion to extend the time to file a response from October 8, 2021 to November 8, 2021, submitted to The Clerk.
- Sep 03 2021Petition for a writ of certiorari filed. (Response due October 8, 2021)