No. 20-543

Janet L. Yellen, Secretary of the Treasury v. Confederated Tribes of the Chehalis Reservation, et al.

Lower Court: District of Columbia
Docketed: 2020-10-26
Status: Judgment Issued
Type: Paid
Amici (1) Experienced Counsel
Tags: administrative-law alaska-native-claims-settlement-act alaska-native-corporation cares-act indian-self-determination-and-education-assistance indian-tribe relief-funds statutory-interpretation tribal-government
Key Terms:
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference: 2021-01-08
Related Cases: 20-544 (Vide)
Question Presented (AI Summary)

Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are 'Indian Tribe[s]' for purposes of the CARES Act, 42 U.S.C. 801(g)(1)

Question Presented (from Petition)

QUESTION PRESENTED In the Coronavirus Aid, Relief, and Economic Security or CARES Act, Congress directed the Secretary of the Treasury to disburse $8 billion of relief funds “to Tribal governments.” Pub. L. No. 116-186, Div. A, Tit. V, § 5001(a), 184 Stat. 501-502 (42 U.S.C. 801(a)(2)(B)). The CARES Act defines a “Tribal government” as “the recognized governing body of an Indian Tribe,” 42 U.S.C. 801(g)(5), and provides that “[t]he term ‘Indian Tribe’ has the meaning given that term in” the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. 5301 et seg. 42 U.S.C. 801(g)(1). ISDA, in turn, defines “Indian tribe” to mean “any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act * * * which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” 25 U.S.C. 5304(e). The question presented is as follows: Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1). (I)

Docket Entries

2021-07-27
JUDGMENT ISSUED.
2021-04-09
Reply of petitioners Alaska Native Village Corporation Association, Inc., et al. filed (in No. 20-544). (Distributed)
2021-03-30
CIRCULATED
2021-03-16
The record received from the U.S. District and Bankruptcy Courts is electronic and located on Pacer.
2021-03-16
The record from the U.S.C.A. D.C. Circuit is electronic and located on Pacer.
2021-03-15
Record requested.
2021-02-22
Brief of petitioners Alaska Native Village Corporation Association, Inc., et al. filed. (in No. 20-544)
2021-01-08
Motion for leave to file amici brief filed by US Senators Lisa Murkowski, et al. GRANTED.
2020-12-28
Reply of petitioner Steven T. Mnuchin, Secretary of the Treasury filed. (Distributed)
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-18
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
2020-11-16
Motion to extend the time to file a response is granted and the time is extended to and including December 16, 2020, for all respondents.
2020-11-13
Motion to extend the time to file a response from November 25, 2020 to December 16, 2020, submitted to The Clerk.
2020-10-23
Petition for a writ of certiorari filed. (Response due November 25, 2020)

Attorneys

Alaska Federation of Natives
James Hardwick ListerBirch Horton Bittner and Cherot, P.C., Amicus
James Hardwick ListerBirch Horton Bittner and Cherot, P.C., Amicus
Alaska Native Village Corporation Association, Inc., et al.
Paul D. ClementKirkland & Ellis LLP, Petitioner
Paul D. ClementKirkland & Ellis LLP, Petitioner
Association of Alaska Housing Authorities
Hyland HuntDeutsch Hunt PLLC, Amicus
Hyland HuntDeutsch Hunt PLLC, Amicus
Bear River Band of Rohnerville Rancheria, et al.
Margaret Crow RosenfeldForman & Associates, Amicus
Margaret Crow RosenfeldForman & Associates, Amicus
Cheyenne River Sioux Tribe
Nicole E. DucheneauxBig Fire Law & Policy Group LLP, Respondent
Nicole E. DucheneauxBig Fire Law & Policy Group LLP, Respondent
Confederated Tribes of the Chehalis Reservation, et al.
Riyaz Amir KanjiKanji & Kantzen, PLLC, Respondent
Riyaz Amir KanjiKanji & Kantzen, PLLC, Respondent
Cook Inlet Region, Inc.
Allon KedemArnold & Porter Kaye Scholer LLP, Amicus
Allon KedemArnold & Porter Kaye Scholer LLP, Amicus
Janet L. Yellen, Secretary of the Treasury
Elizabeth B. PrelogarActing Solicitor General, Petitioner
Elizabeth B. PrelogarActing Solicitor General, Petitioner
National Congress of American Indians, et al.
Kaighn Smith Jr.Drummond Woodsum, Amicus
Kaighn Smith Jr.Drummond Woodsum, Amicus
Professors and Historians
Colette RoutelMitchell Hamline School of Law, Amicus
Colette RoutelMitchell Hamline School of Law, Amicus
Representative Raúl M. Grijalva
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Amicus
Alan Evan SchoenfeldWilmer, Cutler, Pickering, Hale and Dorr, LLP, Amicus
State of Alaska
Laura Emily WolffThe State of Alaska, Amicus
Laura Emily WolffThe State of Alaska, Amicus
US Senators Lisa Murkowski and Dan Sullivan, and US Congressman Don Young
Christine Victoria WilliamsOutlook Law, LLC, Amicus
Christine Victoria WilliamsOutlook Law, LLC, Amicus
Utah
Melissa Ann HolyoakUtah Attorney General's Office, Amicus
Melissa Ann HolyoakUtah Attorney General's Office, Amicus
Ute Indian Tribe of the Uintah and Ouray Reservation
Jeffrey Scott RasmussenPatterson Earnhart Real Bird & Wilson LLP, Respondent
Jeffrey Scott RasmussenPatterson Earnhart Real Bird & Wilson LLP, Respondent