Tenth Circuit Holds Screenshot of Tribal Membership Website is Sufficient Evidence to Show Indian Status

Here is the opinion in United States v. Lynn.

Briefs:

SCOTUS Confirms Constitutional Birthright Citizenship Right over Four Dissenters

Here is the opinion in Trump v. Barbara.

One excerpt, suggesting Indians are like diplomats, what I’ve been saying all along, dammit:

Page 5 (majority)

Another, more explicitly, on Indians as diplomats:

Page 12 (majority)

Another on the government’s ridiculousness re: Elk v. Wilkins:

Page 23 n. 5 (majority)

From Justice Jackson’s concurrence, the only intellectually honest opinion from this rat’s nest of white supremacy:

Page 17-18 (Jackson, J., concurring)

On why birthright citizenship is an issue in 2026:

Page 19 (Jackson, J., concurring)

On the Indian Citizenship Act:

Page 15 n. 5 (Jackson, J., concurring)

The possible seeds for an undoing of the contemptible Elk v. Wilkins decision, which also rested on Dred Scott:

Page 20 (Jackson, J., concurring)

Justice Thomas’ dissent (the principal dissent) waxed on and on about “tribal Indians,” leading (I suggest) to at least two conclusions: (1) the United States does not have the power to tax “tribal Indians”; (2) the right of tribal self-government derives from international customary law (here comes UNDRIP!); and (3) Elk is wrong:

Pages 24-26 (Thomas, J., dissenting)

More Elk is wrong fodder:

Page 30-31 (Thomas, J., dissenting)

More on Elk, though in reliance this time:

Pages 36-37 (Thomas, J., dissenting)

On the Indian Citizenship Act:

Page 41 n. 7 (Thomas, J., dissenting)

Wha?? China is less or equally alien than the Cherokee Nation?

Page 62-63 (Thomas, J., dissenting)

Tribal Indians” in same category as diplomats and “hostile alien occupiers” — this is getting weird:

Page 65 (Thomas, J., dissenting)

Nothing from me on Kavanaugh or Alito, who don’t merit attention.

New Mexico COA Decides Lopez v. Buffalo Thunder Development Authority

Here is the opinion:

California Federal Court Orders California Firm Suing California Tribe to Show Cause as to Federal Court Jurisdiction

Here are the new materials in Farella Braun + Martel LLP v. Guidiville Rancheria of California (N.D. Cal.):

Prior post here.

Oklahoma SCT Materials on Thlopthlocco Tribal Town Writ of Prohibition Case

Here are the materials in Anderson v. Parish:

UCLA Native Nations Law & Policy Center: “250 Years As ‘Merciless Indian Savages’: Native Nations and the United States”

Here:

Eighth Circuit Rejects Equal Protection Challenge to Nebraska Museum Admissions Fee

Here is the opinion in Nare v. Omaha Discovery Trust.

Briefs:

District court materials:

Eighth Circuit Excuses Cops Who Shot Pipeline Protester, Then Laughed, From Accountability

Here is the opinion in Wilansky v. Morton County.

Briefs:

Paul Spruhan on the Legal History of Slavery in the Reconstruction Southwest

Paul Spruhan has posted “The Unfulfilled Liberation: The Navajo Nation, the Federal Government and the Legal History of Indian Slavery in the Reconstruction Southwest” on SSRN.

Here is the abstract:

The article discusses the legal history of enslavement of American Indians, particularly Navajos, in territorial New Mexico during the Civil War and Reconstruction. It focuses Indian slavery within the relationship between the Navajo Nation and the Federal Government from 1846 to 1877, spanning the federal occupation of New Mexico in the Mexican-American War to the end of Reconstruction. It discusses in detail the role of the Army, the Office of Indian Affairs, and Congress in declaring the legal emancipation of Navajos and other Indian slaves but failing in implementing true liberation. It also discusses the role of the slavery issue in the negotiations and implementation of the Navajo Treaty of 1868, and the failure of General William Tecumseh Sherman and other federal officials to liberate Navajo slaves after the execution of the Treaty and the return of Navajos to their homeland. The article concludes with a discussion of why the Federal government tolerated the continued existence of Navajo slavery despite the end of southern slavery, and its place in the longer arc of federal assimilation policies against Indian people.

Tenth Circuit Grants Partial Victory to Wichita and Affiliated in Gaming Compact Dispute with Okla. Gov. Stitt

Here is the opinion in Wichita and Affiliated Tribes v. Stitt.

Briefs here.