SCOTUSblog has listed MichGO v. Kempthorne as a petition to watch (see post here) for the January 9 conference. Here are the briefs, etc.:
Docket: 08-554
Title: Michigan Gambling Opposition v. Kempthorne
Issue: Whether Section 5 of the Indian Reorganization Act, which gives the Secretary of Interior discretion to acquire lands for Native Americans, is an unconstitutional delegation of legislative authority.
- Opinion below (D.C. Circuit)
- Petition for certiorari
- Brief in opposition (federal respondents)
- Brief in opposition (Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians)
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