Caballero v. United States Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

  1. Whether the Trial Court and the Court of Appeals committed prejudicial error in barring/blocking a Native American tribe from pursuing in rem / quiet title remedies on lands promised and granted to them by the USA from that tribe, but stolen by another tribe based on lack of subject matter jurisdiction due to the non-justiciable political question doctrine.
  1. Whether or not, the Court committed prejudicial error by blocking a native American tribe from pursuing an in rem/quiet title/stolen tribal lands case, on the basis of USA sovereign immunity tribal sovereign immunity.
  2. Whether the waiver by the United States of America of its sovereign immunity over quiet title claims
    impermissibly discriminates in violation of the Equal Protection Clause of the 14th Amendment against Native American tribes having quiet title claims that are barred by the Native American lands express exceptions set forth in 28 USC section 2409a.
  3. Whether the Trial Court and the Court of Appeals committed prejudicial air in barring/blocking the
    Indian tribes pursuit of Land title claims constitutes an impermissible denial of the right to access to
    courts as guaranteed by the First Amendment right to petition the court government for redress of grievances.

Lower court materials here.