Questions presented
SCOTUS records, cert granted 12 Dec 2011
- Whether 5 U.S.C. 702 waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian Tribe.
- Whether a private individual who alleges injuries resulting from the operation of a gaming facility on Indian trust land has prudential standing to challenge the decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act, ch. 576, 48 Stat. 984.
Opinion summary
Etalia.ai summary of the majority opinion
The case involved a dispute over the authority of the Secretary of the Interior to take land into trust for Native American tribes under the Indian Reorganization Act. David Patchak, a nearby resident, challenged this action regarding land intended for use by the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake Tribe) in Michigan. The Supreme Court held that Patchak had standing to sue because his interests were arguably within those protected or regulated by federal law concerning land acquisition and its potential impact on local communities. The decision allowed individuals like Patchak to challenge administrative decisions about taking lands into trust if they could demonstrate potential harm from such actions.
Opinion written by Justice Kagan
Decided 18 Jun 2012 · Official report