HO-CHUNK, INC. v. SESSIONS

No. 17-5140.

894 F.3d 365 (2018)

HO-CHUNK, INC., et al., Appellants, v. Jeff SESSIONS, in His Official Capacity, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 3, 2018.


Attorney(s) appearing for the Case

B. Benjamin Fenner argued the cause for appellants. With him on the briefs were Patricia A. Marks and Joseph V. Messineo . Peter D. Lepsch entered an appearance.

William E. Havemann , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Jessie K. Liu , U.S. Attorney, and Mark B. Stern , Attorney. R. Craig Lawrence and Benton G. Peterson , Assistant U.S. Attorneys, entered appearances.

Before: Rogers and Pillard, Circuit Judges, and Randolph, Senior Circuit Judge.


Historically, the "Ho-Chunk" Tribe occupied portions of what are now several midwestern states. In the 1800's the Tribe entered into treaties with the United States and divided into two branches: the Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska. Both are federally...

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