Wisconsin Files Cert Petition in Night Deer Hunting Case

Here is the petition in Wisconsin v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians:

Wisconsin Petition for Writ of Certiorari

Question presented:

A moving party under Fed. R. Civ. P. 60(b)(5) must show a significant change in factual  conditions or law that renders continued enforcement of a judgment detrimental to the public interest. The proceeding is not a relitigation of the underlying judgment. Here, the Seventh Circuit shifted the burden to the non-moving party (Wisconsin) to justify an underlying judgment that night hunting of deer was fundamentally unsafe. Does Rule 60(b)(5) permit shifting the burden to the non-moving party to justify the original judgment?

LCO Cert Opp

Seventh Circuit materials here.

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