No. 19-1056

Kristi Noem, Governor of South Dakota, et al. v. Flandreau Santee Sioux Tribe

Lower Court: Eighth Circuit
Docketed: 2020-02-26
Status: Denied
Type: Paid
Experienced Counsel
Tags: economic-impacts fiscal-demands preemption state-interests state-taxation bracker-test economic-impacts federal-regulation indian-gaming preemption state-interests state-taxation tribal-sovereignty
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2020-05-21
Question Presented (AI Summary)

Does the Bracker test currently serve as a consistent and predictable rule of law in light of the exponential expansion of Indian gaming since 1988 and the fiscal demands the industry now places on state budgets?

Question Presented (OCR Extract)

QUESTION PRESENTED This Court prescribed the Bracker test to determine whether federal regulation of certain economic activity on Indian reservations preempts state taxation of a non-tribal member’s involvement in the regulated activity. Given the conflicting outcomes that have resulted from the application of the Bracker test since its promulgation 40 years ago, and the inception and maturation of a Indian gaming industry since, the question presented is: Does the Bracker test currently serve as a consistent and predictable rule of law in light of the exponential expansion of Indian gaming since 1988 and the fiscal demands the industry now places on state budgets?

Docket Entries

2020-05-26
Petition DENIED.
2020-05-05
DISTRIBUTED for Conference of 5/21/2020.
2020-05-01
Reply of petitioners Kristi Noen, et al. filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
2020-04-20
Brief of respondent Flandreau Santee Sioux Tribe in opposition filed.
Main DocumentCertificate of Word CountProof of Service
2020-03-09
Motion to extend the time to file a response is granted and the time is extended to and including April 27, 2020.
2020-03-06
Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk.
Main Document
2020-02-27
Blanket Consent filed by petitioners Kristi Noen, et al.
Main Document
2020-02-21
Petition for a writ of certiorari filed. (Response due March 27, 2020)
PetitionAppendixCertificate of Word CountProof of Service
2020-01-14
Application (19A788) granted by Justice Gorsuch extending the time to file until February 21, 2020.
2020-01-09
Application (19A788) to extend the time to file a petition for a writ of certiorari from January 22, 2020 to February 21, 2020, submitted to Justice Gorsuch.
Main Document

Attorneys

Flandreau Santee Sioux Tribe
Adam G. Unikowsky — Jenner & Block LLP, Respondent
Adam G. Unikowsky — Jenner & Block LLP, Respondent
Kristi Noen, et al.
Paul S. Swedlund — Petitioner
Paul S. Swedlund — Petitioner