Supreme Court of the United States · Official docket →
Sault Ste. Marie Tribe of Chippewa Indians v. Doug Burgum, Secretary of the Interior, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-5076 · judgment June 28, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Michigan Indian Land Claims Settlement Act (“MILCSA”) established a Self-Sufficiency Fund for the Sault Ste. Marie Tribe of Chippewa Indians to receive judgment funds that settled claims against the United States for the unconscionable taking of tribal lands. The statute, which codified a negotiated agreement between the Tribe and the United States, gave the Tribe’s Board of Directors exclusive authority over the Self-Sufficiency Fund, including determinations about the proper use of Fund capital and interest. The broad purposes for which the Tribe may expend Fund interest under MILCSA include the “enhancement of tribal lands.” §108(c)(5).1 And MILCSA requires the Secretary of the Interior to hold in trust “[a]ny lands” acquired with Fund interest. §108(f). The questions presented are:
-
Whether Congress delegated to the Department of the Interior under MILCSA the authority to reject a mandatory trust submission based on the agency’s own view about whether the purchase of land satisfied §108(c), notwithstanding the statutory command that “[a]ny lands acquired using amounts from interest or other income of the [Tribe’s] Self-Sufficiency Fund shall be held in trust by the Secretary [of the Interior] for the benefit of the tribe.” §108(f).
-
Whether “enhancement of tribal lands” in §108(c)(5) of MILCSA includes a land acquisition that adds to or augments the size of the Tribe’s total landholdings. 1 Unless otherwise noted, statutory citations in this petition refer to the Michigan Indian Land Claims Settlement Act, Pub. L. No. 105-143, 111 Stat. 2652 (1997). (i)
Counsel of record
For petitioner
Kelly Patrick Dunbar
Wilmer Cutler Pickering Hale and Dorr LLP
For respondent
Ian Heath Gershengorn
Jenner & Block LLP
Proceedings
- Apr 28 2025Petition DENIED.
- Apr 09 2025DISTRIBUTED for Conference of 4/25/2025.
- Apr 07 2025Reply of petitioner Sault Ste. Marie Tribe of Chippewa Indians filed. (Distributed)
- Mar 19 2025Brief of respondents Federal Respondents in opposition filed.
- Mar 19 2025Waiver of right of respondents MGM, Grand Detroit, L.L.C., et al. to respond filed.
- Jan 31 2025Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2025, for all respondents.
- Jan 30 2025Motion to extend the time to file a response from February 5, 2025 to March 19, 2025, submitted to The Clerk.
- Jan 07 2025The motions to extend the time to file responses are granted and the time is extended to and including February 5, 2025, for all respondents.
- Jan 06 2025Waiver of right of respondent Saginaw Chippewa Indian Tribe of Michigan to respond filed.
- Jan 06 2025Waiver of right of respondent Nottawaseppi Huron Band of Potawatomi Indians to respond filed.
- Jan 06 2025Motion of Casino-Intervenors to extend the time to file a response from January 6, 2025 to February 5, 2025, submitted to The Clerk.
- Jan 03 2025Motion of the Solicitor General to extend the time to file a response from January 6, 2025 to February 5, 2025, submitted to The Clerk.
- Nov 25 2024Petition for a writ of certiorari filed. (Response due January 6, 2025)
- Sep 18 2024Application (24A269) granted by The Chief Justice extending the time to file until November 25, 2024.
- Sep 13 2024Application (24A269) to extend the time to file a petition for a writ of certiorari from September 26, 2024 to November 25, 2024, submitted to The Chief Justice.