Supreme Court Affirms Dismissal of Suit in Patchak v. Zinke

Opinion here.

THOMAS, J., announced the judgment of the Court and delivered an opinion, in which BREYER, ALITO, and KAGAN, JJ., joined. BREYER, J., filed a concurring opinion. GINSBURG, J., filed an opinion concurring in the judgment, in which SOTOMAYOR, J., joined. SOTOMAYOR, J., filed an
opinion concurring in the judgment. ROBERTS, C. J., filed a dissenting opinion, in which KENNEDY and GORSUCH, JJ., joined.

***

Petitioner, David Patchak, sued the Secretary of the
Interior for taking land into trust on behalf of an Indian
Tribe. While his suit was pending in the District Court,
Congress enacted the Gun Lake Trust Land Reaffirmation
Act (Gun Lake Act or Act), Pub. L. 113–179, 128 Stat.
1913, which provides that suits relating to the land “shall
not be filed or maintained in a Federal court and shall be
promptly dismissed.” Patchak contends that, in enacting
this statute, Congress impermissibly infringed the judicial
power that Article III of the Constitution vests exclusively
in the Judicial Branch. Because we disagree, we affirm
the judgment of the United States Court of Appeals for the
District of Columbia Circuit.

Previous posts here.

2 thoughts on “Supreme Court Affirms Dismissal of Suit in Patchak v. Zinke

  1. Conly Schulte February 27, 2018 / 12:47 pm

    Congrats to the Gun Lake Tribe!!!

  2. Cody Brooks February 27, 2018 / 5:52 pm

    Correct me if I’m wrong, but isn’t this the first time that Justice Gorsuch and Justice Thomas are on opposite sides of an opinion?

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