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United States v. Aaron M. Frey, Attorney General of Maine, et al.

Paid petition · United States Court of Appeals for the First Circuit, No. 16-1424, 16-1435, 16-1474, 16-1482 · judgment July 8, 2021


Certiorari denied · April 18, 2022
Pre-decision estimate: 61% cert probability (95% interval 45%–75%)

Before the decision, about 14.8× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a First Circuit decision below, and down for a state or local-government respondent.

Question presented

Whether the Penobscot Indian Reservation includes only the uplands of the islands in the main stem of the Penobscot River or also includes the surrounding River, where the Penobscot have fished, hunted, and trapped since time immemorial. (I)

Counsel of record

For petitioner
Elizabeth B. Prelogar
Solicitor General

For respondent
Kimberly Leehaug Patwardhan
Office of the Maine Attorney General

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Related
Vide, 21-838

Proceedings

  1. Apr 18 2022
    Petition DENIED.
  2. Mar 24 2022
    Reply of petitioner United States filed. (Distributed)
  3. Mar 23 2022
    DISTRIBUTED for Conference of 4/14/2022.
  4. Mar 04 2022
    Brief of respondents Aaron M. Frey, Attorney General of Maine, et al. in opposition filed.
  5. Jan 06 2022
    Brief amicus curiae of The Maine Indian Tribal-State Commission filed. VIDED.
  6. Jan 06 2022
    Brief amici curiae of Members of the Congressional Native American Caucus filed. VIDED.
  7. Dec 29 2021
    Motion to extend the time to file a response is granted and the time is extended to and including March 7, 2022, for all respondents.
  8. Dec 27 2021
    Motion to extend the time to file a response from January 6, 2022 to March 7, 2022, submitted to The Clerk.
  9. Dec 22 2021
    Brief amici curiae of National Congress of American Indians and USET Sovereignty Protection Fund filed.
  10. Dec 03 2021
    Petition for a writ of certiorari filed. (Response due January 6, 2022)