From SCOTUSblog:
Osage Nation v. Irby
Docket: 10-537
Issue(s): (1) Whether, in determining whether Congress “disestablished an Indian reservation,” pursuant to Solem v. Bartlett (1984), courts are limited to the statutory text, legislative history, and views of the Executive Branch or can instead also consider other external indicia; and (2) whether the lower court properly ruled that a Native American tribe’s reservation had been “disestablished.”
Certiorari stage documents:
- Opinion below (10th Circuit)
- Petition for certiorari
- Brief in opposition
- Amicus brief of the National Congress of American Indians
- Petitioner’s reply
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