United States v. Jicarilla Apache Tribe — Time Sensitive — OSG to Decide Whether or Not to Seek Cert in Trust Case

Matthew L.M. Fletcher

Here are the materials so far in United States v. Jicarilla Apache Tribe (No. 10A20):

J-2010-08-10 In re US 2d application for cert. extension

This application was granted and the new deadline is Sept. 19 (docket entry).

It may be that right now the OSG is considering whether to petition for en banc review in the Oneida land claims case (for good reason, see here), but wondering whether that en banc petition will undermine a cert petition in the Jicarilla case (documents here).

Jicarilla is about whether the United States must turn over federal trust responsibility documents it claims are privileged (and documents that indicate the U.S. has a greater fiduciary duty to tribes than the DOJ is willing to accept in litigation with Jicarilla). Whether or not to file in Oneida goes to the heart of the trust responsibility.

2 thoughts on “United States v. Jicarilla Apache Tribe — Time Sensitive — OSG to Decide Whether or Not to Seek Cert in Trust Case”

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