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No. 03-853
Title:
Michael O. Leavitt, Secretary of Health and Human Services, Petitioner
v.
Cherokee Nation of Oklahoma
Docketed:December 11, 2003
Lower Ct:United States Court of Appeals for the Federal Circuit
  Case Nos.:(02-1286)
  Decision Date:July 3, 2003
  Rehearing Denied:September 12, 2003
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Dec 11 2003 Petition for a writ of certiorari filed. (Response due January 12, 2004)
Dec 23 2003 Order extending time to file response to petition to and including February 11, 2004.
Feb 11 2004 Memorandum of respondent Cherokee Nation of Oklahoma in opposition filed.
Feb 25 2004 DISTRIBUTED for Conference of March 19, 2004.
Mar 8 2004 Reply of petitioner Tommy G. Thompson, Secretary of Health and Human Services filed. (Distributed)
Mar 22 2004 Petition GRANTED. The case is consolidated with No. 02-1472 and a total of one hour is allotted for oral argument.
Apr 27 2004 Extension of time within which to file the joint appendix and petitioners', Cherokee Nation, et al., brief on the merits to and including June 4, 2004.
May 21 2004 Further extension of time within which to file the joint appendix and petitioners' ( Cherokee Nation, et al.) brief on the merits to and including June 18, 2004.
Jun 17 2004 Brief amici curiae of Tunica-Biloxi Tribe of Louisiana, et al. filed. VIDED.
Jun 18 2004 Brief amici curiae of Chamber of Commerce of the United States, et al. filed. VIDED.
Jun 18 2004 Joint appendix filed. VIDED. (Jt. appendix in two volumes.)
Jun 18 2004 Brief amicus curiae of Seldovia Village Tribe filed. VIDED.
Jun 18 2004 Brief of Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes filed. VIDED.
Jun 18 2004 Brief amicus curiae of National Congress of American Indians filed. VIDED.
Jun 21 2004 Extension of time within which to file respondents' (Thompson, et al.) brief on the merits to and including August 13, 2004.
Aug 11 2004 Further extension of time within which to file respondents' (Thompson, et al.) brief on the merits to and including September 3, 2004.
Aug 19 2004 CIRCULATED.
Sep 1 2004 SET FOR ARGUMENT Tuesday, November 9, 2004.
Sep 3 2004 Brief of petitioners Tommy G. Thompson, Secretary of Health and Human Services filed. VIDED. (Distributed)
Sep 24 2004 Record received from U.S.C.A. - Federal Circuit. (1 box)
Oct 8 2004 Reply of respondents Cherokee Nation and Shoshone-Paiute Tribes filed. VIDED. (Distributed)
Oct 20 2004 Record received from Board of Contract Appeals (Dept. of Interior). (1 box)
Nov 9 2004 Argued. For petitioners: Lloyd B. Miller, Washington, D.C. For respondents: Sri Srinivasan, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
Mar 1 2005 Judgment is affirmed and case remanded. Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in part. Rehnquist, C. J., took no part in the decision of the cases.
Apr 1 2005 JUDGMENT ISSUED.
Apr 12 2005 Acknowledgement of receipt (04/04/05) of judgment from Clerk, United States Court of Appeals for the Federal Circuit received.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Paul D. Clement Acting Solicitor General(202) 514-2217
United States Department of Justice
950 Pennsylvania Avenue, N.W.
Room 5614
Washington, DC  20530-0001
Party name: Michael O. Leavitt, Secretary of Health and Human Services
 
Attorneys for Respondent:
Carter G. Phillips Sidley Austin Brown & Wood LLP(202) 736-8000
1501 K Street, NW
Washington, DC  20005
 
Party name: Cherokee Nation of Oklahoma
 
Lloyd Benton Miller Sonosky, Chambers, Sachse, Endreson & Perry, LLP(202) 682-0240
1425 K Street, NW
Suite 600
Washington, DC  20005
 
 
Edward C. DuMont Wilmer Cutler Pickering Hale and Dorr LLP(202) 663-6000
2445 M Street, NW
Washington, DC  20037
Party name: National Congress of American Indians
 
Other:
Ian Heath Gershengorn Jenner & Block LLP(202) 639-6000
601 Thirteenth Street, NW
Washington, DC  20005
Party name: Chamber of Commerce of the United States, et al.
 
 
Michael P. Gross M.P. Gross & Associates PC(505) 995-8066
460 St. Michael's Drive
Suite 401
Santa Fe, NM  87505
Party name: Tunica-Biloxi Tribe of Louisiana, et al.
 
 
Geoffrey D. Strommer Hobbs Strauss Dean & Walker(503) 242-1745
806 SW Broadway
Suite 900
Portland, OR  97205
Party name: Seldovia Village Tribe
 
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