No. 19-937

The Cherokee Nation v. David Bernhardt, Secretary of the Interior, et al.

Lower Court: Tenth Circuit
Docketed: 2020-01-27
Status: Denied
Type: Paid
Experienced Counsel
Tags: appropriations-law implied-repeal indian-sovereignty indian-tribe interior-secretary land-trust regulatory-prohibition reservation-boundaries sovereignty statutory-authority treaty-rights
Key Terms:
AdministrativeLaw Privacy JusticiabilityDoctri
Latest Conference: 2020-06-18
Question Presented (AI Summary)

Whether the Secretary of the Interior exceeded his statutory authority

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Secretary of the Interior exceeded his statutory authority by taking land located within the reservation boundaries of one Indian Tribe and placing the land in trust for another Tribe, despite the objections of the first Tribe and in violation of a regulatory prohibition and the United States’ treaty promises to the first Tribe. 2. Whether the Court should hold this petition pending its disposition of Maine Community Health Options v. United States, No. 18-1023 (argued Dec. 10, 2019), because this case raises the same issue concerning implied repeals effected by appropriations laws and the proper standard for determining what law to apply. @

Docket Entries

2020-06-22
Petition DENIED.
2020-06-02
DISTRIBUTED for Conference of 6/18/2020.
2020-05-28
Reply of petitioner The Cherokee Nation filed.
2020-05-07
Motion to delay distribution of the petition for a writ certiorari until June 2, 2020, granted.
2020-05-06
Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from May 19, 2020 to June 2, 2020, submitted to The Clerk.
2020-05-01
Brief of respondents David Bernhardt, et al. in opposition filed.
2020-05-01
Brief of Cowan, Klint Austin United Keetoowah Band of Cherokee Indians In Oklahoma in opposition filed.
2020-04-14
Motion to extend the time to file a response is granted and the time is further extended to and including May 1, 2020, for all respondents.
2020-04-13
Motion to extend the time to file a response from April 27, 2020 to May 1, 2020, submitted to The Clerk.
2020-03-23
Motion to extend the time to file a response from March 27, 2020 to April 27, 2020, submitted to The Clerk.
2020-03-23
Motion to extend the time to file a response is granted and the time is further extended to and including April 27, 2020, for all respondents.
2020-02-26
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2020, for all respondents.
2020-02-25
Motion to extend the time to file a response from February 26, 2020 to March 27, 2020, submitted to The Clerk.
2020-01-23
Petition for a writ of certiorari filed. (Response due February 26, 2020)

Attorneys

David Bernhardt, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
The Cherokee Nation
Carter G. PhillipsSidley Austin LLP, Petitioner
Carter G. PhillipsSidley Austin LLP, Petitioner
United Keetoowah Band of Cherokee Indians In Oklahoma
Klint Austin CowanFellers, Snider, Blankenship, Bailey & Tippens, P.C., Amicus
Klint Austin CowanFellers, Snider, Blankenship, Bailey & Tippens, P.C., Amicus