No. 23-847

Turtle Mountain Band of Chippewa Indians, et al. v. North Dakota Legislative Assembly, et al.

Lower Court: Eighth Circuit
Docketed: 2024-02-06
Status: GVR
Type: Paid
Amici (1)Response RequestedRelisted (3) Experienced Counsel
Tags: civil-discovery civil-procedure civil-rights comity due-process federal-interests legislative-privilege standing state-legislators third-party-communications
Key Terms:
Environmental SocialSecurity Securities Immigration LaborRelations
Latest Conference: 2024-07-01 (distributed 3 times)
Question Presented (AI Summary)

Should this Court vacate the Eighth Circuit's decision under United States v. Munsingwear?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should this Court vacate the Eighth Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)? 2. Are state legislators absolutely immune from civil discovery, including from producing documents and communications that involved or were shared with third parties, or is the state legislative privilege a qualified one, based on principles of comity, that yields where important federal interests are at stake?

Docket Entries

2024-08-05
Judgment Issued.
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2024-07-02
Petition GRANTED. Judgment VACATED and case REMANDED with instructions to dismiss the case as moot. See <i>United States</i> v. <i>Munsingwear, Inc.</i>, 340 U. S. 36 (1950). Justice Jackson, dissenting: In my view, the party seeking vacatur has not established equitable entitlement to that remedy. See <i>Acheson Hotels, LLC</i> v. <i>Laufer</i>, 601 U. S. 1, 18-20 (2023) (Jackson, J., concurring in the judgment).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-06-03
Reply of petitioners Turtle Mountain Band of Chippewa Indians, et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2024-05-29
Brief of respondents North Dakota Legislative Assembly, et al. in opposition filed.
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2024-04-18
Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
2024-04-16
Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
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2024-03-28
Response Requested. (Due April 29, 2024)
2024-03-20
DISTRIBUTED for Conference of 4/12/2024.
2024-03-07
Brief amicus curiae of Republican Governors Public Policy Committee filed.
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2024-02-02
Petition for a writ of certiorari filed. (Response due March 7, 2024)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word CountProof of Service
2023-11-30
Letter dated November 27, 2023 from counsel for applicant received.
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2023-11-28
Application (23A476) granted by Justice Kavanaugh extending the time to file until February 3, 2024.
2023-11-25
Application (23A476) to extend the time to file a petition for a writ of certiorari from December 5, 2023 to February 3, 2024, submitted to Justice Kavanaugh.
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Attorneys

North Dakota Legislative Assembly, et al.
Scott Kenneth Porsborg — Smith Bakke Porsborg Schweigert & Armstrong, Respondent
Scott Kenneth Porsborg — Smith Bakke Porsborg Schweigert & Armstrong, Respondent
Republican Governors Public Policy Committee
Phillip Michael Gordon — Holtzman Vogel Baran Torchinsky Josefiak PLLC, Amicus
Phillip Michael Gordon — Holtzman Vogel Baran Torchinsky Josefiak PLLC, Amicus
Turtle Mountain Band of Chippewa Indians, et al.
John Ernest Echohawk — Native American Rights Fund, Petitioner
John Ernest Echohawk — Native American Rights Fund, Petitioner