Ninth Circuit Briefs in Northwestern Band of Shoshone Indians v. State of Idaho

Matthew L.M. Fletcher

Topside briefs here:

NW Shoshone 9 cir brief.pdfDownload
US Amicus Brief.pdfDownload
Utah Amicus Brief.pdfDownload
Sacred Ground Amicus Brief.pdfDownload

Response briefs TK.

Lower court materials here.

Little Soldier

Student Scholarship on McGirt and Aboriginal Title

Matthew L.M. Fletcher

Clare Blumenthal published “‘We Hold the Government to Its Word’: How McGirt v. Oklahoma Revives Aboriginal Title” in the Yale Law Journal.

Here is the abstract:

This Note analyzes for the first time how McGirt v. Oklahoma could revive aboriginal-title land claims against the United States and create an opening for Land Back litigation. It argues that McGirt directs lower courts to enforce aboriginal title’s congressional-intent requirement strictly and renews the relevance of an overlooked case from 2015, Pueblo of Jemez v. United States. In Pueblo of Jemez, the Tenth Circuit unknowingly demonstrated how insisting on clearer proof of congressional intent to extinguish title would implement McGirt’s holding and remove the jurisdictional bars—sovereign immunity and preclusion—that have prevented aboriginal-title litigation.

Ninth Circuit Briefs in Cedarville Rancheria v. Diven [tribal immunity under Bankruptcy Act]

Matthew L.M. Fletcher

Well, opening brief for now, here:

Opening Brief.pdfDownload

Other briefs TK.

Lower court materials here.

Possibly, though not likely, the home at issue.

New Mexico Federal Court Rejects Criminal Convict’s Request for Downward Variance in Sentence; Challenge to Major Crimes Act as Racial Classification

Matthew L.M. Fletcher

Here are materials in United States v. Jojola (D.N.M.):

81 Memo in Support of Downward Variance.pdfDownload
92 Government Response.pdfDownload
96 Reply.pdfDownload
125 DCT Order.pdfDownload

Of course, if SCOTUS goes the wrong way in Brackeen, this case and hundreds will go much differently.