Author: Matthew L.M. Fletcher

Fletcher and Khalil on ICWA Preemption and Commandeering

Matthew L.M. Fletcher

Fletcher and Randall F. Khalil have published “Preemption, Commandeering, and the Indian Child Welfare Act” in the Wisconsin Law Review.

Blurb:

We argue that the anti-commandeering challenges against ICWA are unfounded because all provisions of ICWA provide a set of legal standards to be applied in states which validly and expressly preempt state law without unlawfully commandeering the states’ executive or legislative branches. Congress’s power to compel state courts to apply federal law is long established and beyond question.

Excerpt from Fletcher comic book about the Brackeen argument that no one may ever read.

Fifth Circuit Briefs in Spivey v. Chitimacha Tribe of Louisiana

Matthew L.M. Fletcher

Here:

Spivey Opening Brief.pdfDownload
Tribe Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

D.C. Federal Court Dismisses Suits Attacking United Keetoowah and Kialegee Compacts, Allows Suits Against Comanche and Otoe-Missouria to Proceed

Matthew L.M. Fletcher

Here are the materials in Cherokee Nation v. Dept, of the Interior (D.D.C.):

106 Federal Motion to Dismiss.pdfDownload
107-1 Woommavovah Motion to Dismiss.pdfDownload
109 Shotton Answer and Counterclaim.pdfDownload
113-1 Motion to Dismiss Shotton Counterclaim.pdfDownload
114 Tribes’ Opposition to Motions to Dismiss.pdfDownload
121 Woomavovah Reply.pdfDownload
123 Shotton Opposition.pdfDownload
124 Federal Reply.pdfDownload
126 Tribes’ Reply to Shotton.pdfDownload
157 DCT Order.pdfDownload

Prior post here.

Kablooey

Ninth Circuit Rejects Tribal Immunity under Bankruptcy Act

Matthew L.M. Fletcher

Here is the unpublished order in Numa Corp. v. Diven, formerly Cedarville Rancheria v. Diven.

Briefs here.

Another weird one from DALL-E: A showdown between Indians and lawyers before the Supreme Court.

Alabama-Quassarte Tribal Town Sues Bank over Disputed Funds in Leadership Dispute

Matthew L.M. Fletcher

Here is the amended complaint in Alabama-Quassarte Tribal Town v. First National Band and Trust Company of Okmulgee (E.D. Okla.):

23 Amended Complaint.pdfDownload

Michigan Bar Journal: “Professionalism in tribal jurisdictions”

Matthew L.M. Fletcher

Here.

NDN badass, unrelated to the content of this article.

South Dakota Federal Court Orders Tribal Exhaustion in Wrongful Death Suit against Rosebud Tribal Police, Feds Dismissed from Suit

Matthew L.M. Fletcher

Here are the materials in Archambault v. United States (D.S.D.):

1 Complaint

20 Atman Motion to Dismiss

23 US Motion to Dismiss

26 Romero Motion to Dismiss

31 Response

33 US Reply

34 Atman Reply

37 Romero Reply

42 DCt Order

California Federal Court Issues Detention Order of Fake Tribal Judge Who Threatened and Harassed Woman

Matthew L.M. Fletcher

Here are the materials so far in United States v. Peterson (N.D. Cal.):

3 Petition for Arrest Warrant

7 Detention Order

20 Motion to Revoke Detention Order

35-8 Sheriff’s Reports

44 DCt Order Denying Revocation of Detention Order

Ninth Circuit Reverses Dismissal of San Carlos Apache Health Care Contract Support Costs Suit

Matthew L.M. Fletcher

Here is the opinion in San Carlos Apache Tribe v. Beccera.

An excerpt:

A simplified example clarifies this scheme. Assume that a tribe administers a $3 million healthcare program for its members. It costs the tribe $500,000 in administrative costs to do so. IHS therefore will pay the tribe $3.5 million. Additionally, the tribe recovers $1 million for those procedures from outside insurers. It is statutorily required to spend that $1 million on health care as well.
But there is a hole in this statutory scheme. Who pays the CSC for that additional $1 million in health care that the tribe must provide with its third-party revenue? At the heart of this lawsuit is Plaintiff-Appellant San Carlos Apache Tribe’s (“the Tribe”) contention that IHS must cover those additional CSC.

Briefs here.

This guy’s not Apache but he’s happy for them.

Indigenous Futures and New Zealand’s Constitution — The Constitutional Kōrero: Transforming New Zealand’s Constitution — Turtle Island Panel Today

Matthew L.M. Fletcher

Always fun to get a chance to talk about Anishinaabe law, constitutions, and jurisprudence.

Here.

Here is the comic book.