Supreme Court of the United States · Official docket →
Turtle Mountain Band of Chippewa Indians, et al. v. North Dakota Legislative Assembly, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-1600 · judgment June 6, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Should this Court vacate the Eighth Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)?
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Are state legislators absolutely immune from civil discovery, including from producing documents and communications that involved or were shared with third parties, or is the state legislative privilege a qualified one, based on principles of comity, that yields where important federal interests are at stake?
Counsel of record
For petitioner
John Ernest Echohawk
Native American Rights Fund
For respondent
Scott Kenneth Porsborg
Smith Bakke Porsborg Schweigert & Armstrong
Proceedings
- Aug 05 2024Judgment Issued.
- Jul 02 2024Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Jackson, dissenting: In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See Acheson Hotels, LLC v. Laufer, 601 U. S. 1, 18-20 (2023) (Jackson, J., concurring in the judgment).
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 03 2024Reply of petitioners Turtle Mountain Band of Chippewa Indians, et al. filed. (Distributed)
- May 29 2024Brief of respondents North Dakota Legislative Assembly, et al. in opposition filed.
- Apr 18 2024Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
- Apr 16 2024Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
- Mar 28 2024Response Requested. (Due April 29, 2024)
- Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 07 2024Brief amicus curiae of Republican Governors Public Policy Committee filed.
- Feb 02 2024Petition for a writ of certiorari filed. (Response due March 7, 2024)
- Nov 30 2023Letter dated November 27, 2023 from counsel for applicant received.
- Nov 28 2023Application (23A476) granted by Justice Kavanaugh extending the time to file until February 3, 2024.
- Nov 25 2023Application (23A476) to extend the time to file a petition for a writ of certiorari from December 5, 2023 to February 3, 2024, submitted to Justice Kavanaugh.