Dollar General v. Mississippi Choctaw Cert Petition on SCOTUSBlog Watch List


I wondered when I learned that Tom Goldstein is co-counsel for the petitioners when this petition would end up as a SCOTUSblog “Petition of the Day.” As might be well known to TT readers, SCOTUSblog is the best daily source of news on the Supreme Court. But it is also (or was) a tool for Mr. Goldstein to drum up business. The blog recently make some headlines in its effort to acquire/obtain/earn a Supreme Court press credential, and was denied. Mr. Goldstein’s passionate and sophisticated response is well worth the read. As a question of journalism, I strongly support SCOTUSBlog’s efforts. It doesn’t bother me that SCOTUSblog-as-client development tool might somehow affect SCOTUSblog-as-journalist.

For what appears to be the first time, Mr. Goldstein is representing a Supreme Court petitioner against tribal interests, and so to the extent that it means anything at all, the tribal interests here are adversely affected by the SCOTUSblog-as-journalism outlet and SCOTUSBlog-as-Supreme Court advocate dynamic. There’s not enough information before me to make a conclusion as to whether that dynamic will affect the Court’s certiorari decision at the long conference here in a few weeks.

Here is a list of TT posts recognizing an Indian law “Petition to Watch” as identified by SCOTUSblog (grants are in red):

Grand Canyon Skywalk Development v. GCRDC (OT 2013)

Native Wholesale Supply v. Idaho (OT 2013)

Alaska v. Jewell (OT 2013)

Nebraska v. Elise M. (OT 2013)

Adoptive Couple v. Baby Girl (OT 2012)

Michigan v. Bay Mills (OT 2012, pre-CVSG)

United States v. Samish Nation (OT 2012)

Ute Mountain Ute Tribe v. Padilla (OT 2012)

Salazar v. Ramah Navajo Chapter (OT 2011)

Gila River Indian Community v. Lyon (OT 2011)

Malaterre v. Amerind Risk Management (OT 2011)

Corboy v. Louie (OT 2011)

Gun Lake v. Patchak (OT 2011)

EEOC v. Peabody Coal (OT 2011)

United States v. New York/Oneida Indian Nation v. Oneida County (the OIN petition twice) (OT 2011)

Miccosukee Tribe v. Kraus-Anderson Construction (OT 2011)

Daugaard v. Yankton Sioux Tribe (OT 2011)

Schwarzeneggar v. Rincon Band (OT 2010)

United States v. Jicarilla Apache Nation (OT 2010)

Madison County v. Oneida Indian Nation (OT 2010)

Cobell v. Salazar (OT 2010)

Arctic Slope Native Assn. v. Salazar (OT 2010)

Sharp v. United States (OT 2009)

Harjo v. Pro-Football Inc. (OT 2009)

Kickapoo v. Texas (OT 2008)

Hawaii v. Office of Hawaiian Affairs (OT 2008)

US v. Navajo Nation (OT 2008)

Kemp v. Osage Nation (OT 2008)

I may have missed a few. Eight grants in 28 petitions to watch. Almost 30 percent. I suppose that’s my guess for the Dollar General petition’s chances.