Patchak v. Zinke - Brief of amici curiae Federal Courts and Federal Indian Law Scholars in support of respondents
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Authors
Fenner, G. Michael
Issue Date
2018
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Abstract
Holding: David Patchak filed suit challenging the authority of the secretary of the Interior Department to take into trust a property (Bradley Property) on which Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians wished to build a casino. In an earlier appeal in the case, the Supreme Court held that the secretary lacked sovereign immunity and that Patchak had standing, and it remanded the case for further proceedings. Congress subsequently enacted the Gun Lake Act, which “reaffirmed as trust land” the Bradley Property, Section 2(a), and provided that “an action . . . relating to [that] land shall not be filed or maintained in a Federal court and shall be promptly dismissed,” Section 2(b). The court of appeals properly affirmed the district court’s dismissal of Patchak’s lawsuit pursuant to that statute.
Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on February 27, 2018. Justice Thomas, joined by Justices Breyer, Alito and Kagan, concluded that Section 2(b) of the Gun Lake Act does not violate Article III of the Constitution.
Quoted from SCOTUSblog
Judgment: Affirmed, 6-3, in an opinion by Justice Thomas on February 27, 2018. Justice Thomas, joined by Justices Breyer, Alito and Kagan, concluded that Section 2(b) of the Gun Lake Act does not violate Article III of the Constitution.
Quoted from SCOTUSblog
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Brief of Amici Curiae Federal Courts and Federal Indian Law Scholars in Support of Respondents, Patchak v. Zinke, No. 16-498 (U.S. Feb. 27, 2018) (co-authored by G. Michael Fenner)(Available at 2017 WL 4483910).