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Infringement of Judicial Power – Indian Law

By: Derek Hawkins//March 14, 2018//

Infringement of Judicial Power – Indian Law

By: Derek Hawkins//March 14, 2018//

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United States Supreme Court

Case Name: David Patchak v. Ryan Zinke, et al.

Case No.: 16-498

Focus: Infringement of Judicial Power – Indian Law

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.

Affirmed

Dissenting: ROBERTS, C. J., filed a dissenting opinion, in which KENNEDY and GORSUCH, JJ., joined.

Concurring: 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.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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