Supreme Court of the United States · Official docket →
Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. v. Brian W. Coughlin
Paid petition · United States Court of Appeals for the First Circuit, No. 21-1153 · judgment May 6, 2022
Decided · June 15, 2023
Pre-decision estimate: 14% cert probability (95% interval 8%–23%)
Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for a First Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition.
Question presented
Whether the Bankruptcy Code expresses unequivocally Congress's intent to abrogate the sovereign immunity of Indian tribes.
Counsel of record
For petitioner
Pratik Arvind Shah
Akin Gump Strauss Hauer & Feld, LLP
For respondent
Gregory Gerber Rapawy
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 cert-stage · 7 merits
(2 supporting pet./neither, 5 respondent)
Argument & decision
Argued April 24, 2023 — Pratik A. Shah · Gregory G. Rapawy. Audio and transcript
Decided June 15, 2023. Opinion by Jackson.
Proceedings
- Jul 17 2023Judgment issued.
- Jun 15 2023Adjudged to be AFFIRMED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Kagan, Kavanaugh, and Barrett, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. Gorsuch, J., filed a dissenting opinion.
- Apr 24 2023Argued. For petitioners: Pratik A. Shah, Washington, D. C. For respondent: Gregory G. Rapawy, Washington, D. C.; and Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Apr 14 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Apr 13 2023Reply of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed. (Distributed)
- Mar 31 2023Brief amicus curiae of United States filed. (Distributed)
- Mar 31 2023Brief amicus curiae of Separation of Powers Clinic filed. (Distributed)
- Mar 31 2023Brief amici curiae of NACBA, et al. filed. (Distributed)
- Mar 31 2023Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Mar 30 2023Brief amici curiae of Public Citizen, et al. filed. (Distributed)
- Mar 30 2023Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed)
- Mar 24 2023CIRCULATED
- Mar 24 2023Brief of respondent Brian W. Coughlin filed. (Distributed)
- Mar 10 2023All records from the Massachusetts Bankruptcy Court are available on PACER.
- Mar 06 2023Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Mar 01 2023Brief amici curiae of The Navajo Nation, et al. filed.
- Mar 01 2023Brief amici curiae of Indian Law Professors filed.
- Feb 22 2023Brief of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed.
- Feb 16 2023All records from the U.S.C.A.-1st Circuit are available on PACER. Record request was transmitted to the Massachusetts Bankruptcy Court for response.
- Feb 16 2023Motion to dispense with printing the joint appendix filed by petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al.
- Feb 08 2023Record requested from the U.S.C.A.-1st Circuit.
- Jan 31 2023SET FOR ARGUMENT on Monday, April 24, 2023.
- Jan 13 2023Petition GRANTED.
- Jan 09 2023DISTRIBUTED for Conference of 1/13/2023.
- Nov 30 2022DISTRIBUTED for Conference of 1/6/2023.
- Nov 22 2022Reply of petitioners Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. filed.
- Nov 08 2022Brief of respondent Brian W. Coughlin in opposition filed.
- Oct 12 2022Brief amici curiae of Professors of Federal Indian Law filed.
- Oct 12 2022Brief amicus curiae of Native American Financial Services Association filed.
- Oct 05 2022Motion to extend the time to file a response is granted and the time is extended to and including November 14, 2022. See Rule 30.1.
- Oct 04 2022Motion to extend the time to file a response from October 12, 2022 to November 11, 2022, submitted to The Clerk.
- Sep 08 2022Petition for a writ of certiorari filed. (Response due October 12, 2022)
- Jul 13 2022Application (22A23) granted by The Chief Justice extending the time to file until September 8, 2022.
- Jul 08 2022Application (22A23) to extend the time to file a petition for a writ of certiorari from August 4, 2022 to September 8, 2022, submitted to The Chief Justice.