Here: cert-petitionDownload Questions presented: Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to DOI’s approval of a trust transfer for the Ione Band
Check out “The Sovereignty Problem in Federal Indian Law” on SSRN. Here is the abstract: There is a sovereignty problem in federal Indian law, namely,
Here is today’s order list. The petition in Klamath Irrigation District v. Bureau of Reclamation is here. The BOR is here. Reply is here: Klamath
SCOTUS docket page here. Ute’s application and appendix is here: Application for Stay.pdfDownload Lower court materials here.
Justice Sandra Day O’Connor was a true trailblazer, serving as the first woman Supreme Court Justice and she was a rare Westerner on the Court,
NYTs CNN Just realizing now SOC retired pre-Turtle Talk so we never put together a post-retirement thing like we did for Stevens, RBG, et al.
Here was yesterday’s order list. The petitions are here.
Here is the brief in Klamath Irrigation District v. Bureau of Reclamation (No. 23-216): BOR.pdfDownload Petition is here.
Louis LaRose, former chair of the Winnebago Tribe of Nebraska, has walked on. News profile here. As chairman, Mr. LaRose testified on behalf of the
Tanner Allread on SCOTUS’ Improper Use of Indian Removal Era Analysis in Modern Day Indian Law Cases
W. Tanner Allread has published “The Specter of Indian Removal: The Persistence of State Supremacy Arguments in Federal Indian Law” in the Columbia Law Review.
Here is Monday’s order list. The petition was Klamath Irrigation District v. Bureau of Reclamation: petition and opposition briefs.
Sarah Crawford, Reneau J. Longoria and Heather Whiteman Runs Him have published “Decisions Impacting Indian Country in the 2023 Supreme Court Term” in the Montana
Here are the materials in West Flagler Associates Ltd. v. Haaland: Application for Stay Federal Response Order Denying Stay + Kavanaugh Statement Seminole Letter Lower
Here is today’s order list. The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold
Here is the petition in Beccera v. Northern Arapaho Tribe: US v NAT Cert Petition.pdfDownload Question presented: Whether IHS must pay “contract support costs” not
Here. Apparently, I sometimes make this face when someone says “Yoda.”
Next opinion release day from the Supreme Court will be June 1. While not required by law, it is traditional for the Court to release
Here: Klamath Irrigation District Cert Petition.pdfDownload Question presented: Whether Federal Rule of Civil Procedure 19 requires dismissal of an action challenging a federal agency’s use
Here. Title: Arizona v. Navajo Nation, U.S. Supreme Court Oral Argument Debrief Date/Time: April 20, 2023, 12–1 pm Mountain Time. Registration link: https://americanbar.zoom.us/meeting/register/tJIqf-uprDgtHNJdop7wBRttqIpyu3j9-Xw2#/registration Description: Last month, the U.S.
Here is “Justices appear divided over Navajo Nation’s water rights.” Background materials on the case are here. According to the U.S., this area is entitled only
Here is today’s order list. The denied petition is Sulgrove v. Spokane Indian Tribe. Lower court materials here. This has nothing to do with this
Supreme Court Update on Indian Law Co-Sponsored by the State Bar of Arizona and the State Bar’s Indian Law Section January 18, 2023, 12:00-1:00 MST
Here: All this water is Navajo. Interior Brief.pdfDownload Arizona Merits Brief.pdfDownload Colorado Merits Brief.pdfDownload
Gregory Bigler has posted “7000 Dzo-Gaw-law (Ancestors)” on SSRN. Here is the abstract: I read Stories from the Euchee Reservation on a plane. I read
Here. Each side presented their oral arguments Wednesday to the U.S. Supreme Court for the most serious challenge to the Indian Child Welfare Act in
Morning Edition “ICWA doesn’t prevent an individualized assessment of the best placement for each child,” says Kathryn Fort, director of the Indian Law Clinic at
Here was yesterday’s order. Prior post here. Thinking if SCOTUS had some good frybread, they’d let Indian country have the nice things we deserve, like
Here is yesterday’s order list. The Oklahoma case was Oklahoma v. Wadkins. Lower court materials here. The Court also denied cert in the Clarkson case.
Here: slockish-petitionDownload Question presented: Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the
With the reply briefs filed yesterday, all of the briefing is completed in the Supreme Court case Haaland v. Brackeen. Oral argument will be at
Register here. Description: Join ACS for our Annual Supreme Court Preview, part of our observation of this year’s Constitution Day. After the seismic decisions handed
We have a total of 21 pro-ICWA Amicus Briefs. Here they are in some rough categories and some VERY rough summaries. In writing this post,
Merits brief on behalf of the intervening tribes–Cherokee Nation, Oneida Nation, Quinault Indian Nation, Morongo Band of Mission Indians, Navajo Nation–in the Haaland v. Brackeen
Deadline is August 15 at 12pm EASTERN. If you are SIGNING ON for a tribe, email [email protected]. If you want to know if a tribe
On January 24, 2022, a unanimous three-judge court in the Milligan case blocked Alabama’s newly drawn congressional map. The Court ordered the state Legislature to
Here. Campus of Stanford University
Here is “The Supreme Court’s attack on tribal sovereignty, explained” by Nick Martin. Thurgood Marshall
From the Berkeley Blog: “Overturning Roe: The Supreme(ly Colonial) Court.”
Here, starting around 18:15, right after the Leeroy Jenkins discussion. Leeroy Jenkins starts around 1:23 in this YouTube video.
Here is today’s order list. The denied petition is Acres Bonusing Inc. v. Marston — cert stage briefs here: Acres Bonusing Cert Petition Opposition Reply
Here is the petition in Arizona v. Navajo Nation: arizona-v.-navajo-cert-petitionDownload Questions presented: I. Does the Ninth Circuit Opinion, allowing the Nation to proceed with a claim to
Here is “With historical promises in mind, justices weigh state criminal jurisdiction in Indian country.” Previews of the case are here. Background materials are here.
Here. Yeah, I doubt Greg was thinking of this Bizarro, but the reverse-Superman Bizarro is too creepy.
Here: respondents-brief-1Download United States Amicus Brief Five Tribes Amicus Brief NCAI Amicus Brief Former US Attys Amicus Brief Peace Commission Treaty Tribes Amicus Brief NIWRC
Here: Becker Pet. for Cert..pdfDownload Questions presented: Whether a federal court may force a non-consenting, non-Indian plaintiff to exhaust his claims in tribal court when
Here: albrecht-cert-petitionDownload Lower court materials here. Questions presented: Do the federal regulations governing the leasing of Indian lands preempt state and local governmentsfrom taxing the
Several Indian law cert petitions are set for discussion today at the Supreme Court’s conference (which is their fancy way of saying they’re meeting as
Here: Petition Questions presented: 1. In view of Sherrill, whether New York tribes exercise “concurrent” jurisdiction over fee lands within the plenary taxing and regulatory authority
Today Texas, the individual plaintiffs, the Solicitor General, and the intervening tribal nations filed petitions for certiorari with the U.S. Supreme Court asking the Court
From SCOTUSBlog here. An excerpt: On Tuesday in United States v. Cooley, the Supreme Court upheld a power that tribal governments have long assumed they possessed
Here is the National Congress of American Indians’ (“NCAI”) Amicus Brief in Trump v. New York, which is being argued today and addresses whether unauthorized
Jonodev Chaudhuri has published “Reflection on McGirt v. Oklahoma” in the Harvard Law Review Forum.
Just ‘cuz it seems the SCOTUS webpage is overwhelmed: Bostock Opinion
Here. Worth a read, and then check out the QuaranTICA webinar on oral arguments!
Here is “Oklahoma’s Suspect Argument in Front of the Supreme Court — The state claims that affirming a reservation in eastern Oklahoma could lead to