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Stand Up for California!, et al. v. Department of the Interior, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-5285 · judgment April 16, 2021


Certiorari denied · January 10, 2022
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The California Rancheria Termination Act of 1958 directed the Secretary of the Interior to distribute the land and assets of 41 rancherias to resident Indians. Pub. L. No. 85-671, 72 Stat. 619. The Indians who received a distribution of rancheria property ceased to be eligible for services provided to Indians, and federal statutes affecting Indians no longer applied to them. § 10(b), 72 Stat. 621. The Indians living on the Wilton Rancheria voted to be included in the Act, and federal supervision over them was terminated. Decades later, the Secretary declared that the Wilton Indians were once again entitled to Indian services. The Secretary then acquired land in trust on their behalf under Section 5 of the Indian Reorganization Act of 1934, 25 U.S.C. § 5108, which authorizes the Secretary to acquire land “for the purpose of providing land for Indians.” The question presented is: Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.

Counsel of record

For petitioner
Jennifer A. MacLean
Perkins Coie LLP

For respondent
Jessica Lynn Ellsworth
Hogan Lovells US LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 15 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 10 2021
    Waiver of right of respondent U.S. Department of the Interior, et al. to respond filed.
  4. Nov 30 2021
    Waiver of right of respondents Wilton Rancheria, California to respond filed.
  5. Nov 08 2021
    Petition for a writ of certiorari filed. (Response due December 10, 2021)