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Kurt Kanam v. Doug Burgum, Secretary of the Interior, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 24-5121 · judgment September 18, 2024


Certiorari denied · May 27, 2025
Pre-decision estimate: 0% cert probability

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

Questions presented

This case concerns whether the Federally Recognized Indian Tribe List Act (“List Act”) of 1994, still has judiciary branch tribal recognition or whether it could be removed from the “List Act” administratively without a rule or guideline. The questions presented are:

  1. Whether the way to effectuate judiciary branch tribal recognition is through Writ of Mandamus or Declaratory and Injunctive Relief, because the agency admitted it does not have administrative procedures for judiciary branch tribal recognition.

  2. Whether the Supreme Court accepts because the previous rulings in Kanam v. Haaland, No. 22- 5197, 2023 WL 3063526, at *1 (D.C. Cir. Apr. 25, 2023), were void for lack of jurisdiction.

Counsel of record

For petitioner
Kurt Kanam

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 05 2025
    Rehearing DENIED.
  2. Aug 14 2025
    DISTRIBUTED.
  3. Jun 13 2025
  4. May 27 2025
    Petition DENIED.
  5. May 06 2025
    DISTRIBUTED for Conference of 5/22/2025.
  6. Apr 20 2025
    Supplemental brief of petitioner Kurt Kanam filed.
  7. Sep 26 2024
    Petition for a writ of certiorari filed. (Response due April 23, 2025)