No. 23-839

David Littlefield, et al. v. Department of the Interior, et al.

Lower Court: First Circuit
Docketed: 2024-02-05
Status: Denied
Type: Paid
Response Waived
Tags: carcieri-v-salazar federal-jurisdiction indian-reorganization-act land-into-trust secretary-of-interior tribal-recognition tribal-status
Key Terms:
AdministrativeLaw Securities JusticiabilityDoctri
Latest Conference: 2024-03-28
Question Presented (AI Summary)

Whether the decision of the court of appeals conflicts with Carcieri?

Question Presented (OCR Extract)

QUESTION PRESENTED In Carcieri v. Salazar, 555 U.S. 3879 (2009) (“Carcieri”), this Court held that Congress, when enacting the Indian Reorganization Act of 1934, narrowed the Interior Secretary’s authority to take land into trust for “Indians” by limiting that term to mean members of tribes that were recognized and under federal jurisdiction in 1934. In this case, the court of appeals concluded that the Secretary had authority to take land into trust for a group of Indians that Interior said in 1934 consisted of tribal remnants never under federal jurisdiction; that a federal court determined in 1978 did not exist as a tribe after 1869; and that the Secretary did not recognize as a tribe until 2007. The questions presented is: Whether the decision of the court of appeals conflicts with Carcieri?

Docket Entries

2024-04-01
Petition DENIED.
2024-03-12
DISTRIBUTED for Conference of 3/28/2024.
2024-03-06
Waiver of right of respondent Mashpee Wampanoag Indian Tribe to respond filed.
2024-03-06
Waiver of right of respondent United States Department of the Interior, et al. to respond filed.
2024-01-26
Petition for a writ of certiorari filed. (Response due March 6, 2024)

Attorneys

David Littlefield, et al.
David Henry TennantLaw Office of David Tennant PLLC, Petitioner
David Henry TennantLaw Office of David Tennant PLLC, Petitioner
Mashpee Wampanoag Indian Tribe
Samuel Franklin DaughetyDentons-US LLP, Respondent
Samuel Franklin DaughetyDentons-US LLP, Respondent
United States Department of the Interior, et al.
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent