Patchak v Zinke

Justia Summary

Patchak filed suit challenging the authority of the Secretary of the Interior to invoke the Indian Reorganization Act, 25 U.S.C. 5108, and take into trust the Bradley Property, on which the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians wished to build a casino. In an earlier decision, the Supreme Court held that the Secretary lacked sovereign immunity and that Patchak had standing. While the suit was on remand, Congress enacted the Gun Lake Act, 128 Stat. 1913, which “reaffirmed as trust land” the Bradley Property, and provided that “an action . . . relating to [that] land shall not be filed or maintained in a Federal court and shall be promptly dismissed.” The D.C. Circuit and the Supreme Court affirmed the dismissal of Patchak’s suit. Section 2(b) of the Gun Lake Act does not violate Article III of the Constitution. While Congress may not exercise the judicial power, it may make laws that apply retroactively to pending lawsuits, even when it effectively ensures that one side will win. Congress violates Article III when it “compel[s] . . . findings or results under old law,” but not when it “changes the law.” By stripping federal courts of jurisdiction over actions “relating to” the Bradley Property, section 2(b) changed the law and is a jurisdiction-stripping statute. When Congress strips federal courts of jurisdiction, it exercises a valid legislative power.