Using the United States Law Week online database (that goes back to 1997 or so) that lists all the paid cert petitions filed, I generated a list of all cert petitions filed under the “Native Americans” database.
Here is a snippet of my findings, previously discussed here (and now updated):
Petitions filed by state governments, state agencies, or state officers in their official capacities: 27
Grants: 10 (including Alaska v. Venetie, Idaho v. Coeur d’Alene Tribe, Minnesota v. Mille Lacs, Montana v. Crow Tribe, Nevada v. Hicks, Sherrill v. Oneida, Wagnon v. Prairie Band, plus two GVRs).
Percentage: 37 % grant rate
Petitions filed by Indian tribes: 77
Grants: 6 (Cherokee Nation v. Leavitt, Chickasaw Nation v. United States, Kiowa Tribe v. Manufacturing Technologies, plus three GVRs).
Percentage: 8% grant rate
Now, excluding GVR’s, where the Court grants cert. for the purpose of remanding back to the lower court usually to allow the lower court to reconsider the case in light of a new precedent, here are the stats:
State petitions: 25
Grants: 8
Percentage: 32% grant rate
Tribal petitions: 74
Grants: 3
Percentage: 4% grant rate
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