Turtle Talk

The cert petition in MacArthur v. San Juan County was filed on Nov. 12. You can download the petition here:

The Tenth Circuit decision is here.

Given that the question presented includes the phrase, “this is a case of first impression,” I’d say the chances of this petition being granted are exceptionally small. In short, a case of first impression is one that is “splitless.” Here are a few examples in the Blackmun Digital Archives where a petitioner claimed a case was one of first impression and the cert pool memowriters’ reactions:

Anderson v. United States (No. 88-459): “But as petr himself remarks, ‘[t]his is a case of first impression.’ Petr. at 8. The CA9 decision here does not conflict with any decision of another CA.” Cert Pool Memo at 6.

Red Lake Band of Lake Superior Chippewa Indians v. United States (No. 87-950): “The merits of the case pose a question of first impression .. and should be left to development in the lower courts.” Cert Pool Memo at 6, 7.

Native Village of Nenana v. Alaska (No. 86-662): “The issues arising from the relationship of Pub. L. 280 to provisions in the ICWA are questions of first impression; the Court should await further development of the law in the [courts of appeals] and state courts.” Cert Pool Memo at 7.