Long Conference Update: SCOTUS Denies Cert in a Several Indian Law Cases

Here is yesterday’s order list.

1. The Court denied cert in Acres v. Marston, part of a longstanding — and by now patently ridiculous — effort by a nonmember to punish an Indian tribe’s employees for working at the tribe. The petition is here (the respondent’s waived the right to respond):

2. The Court also denied cert in Mill Bay Members Assn. v. United States, another petition related to a longstanding effort by nonmembers to punish an Indian tribe for existing, this time by suing the federal government. The petition is here (the government waived the right to respond):

3. The Court also denied cert in Becker v. Ute Indian Tribe, a case about tribal exhaustion with a plausible, if weak, circuit split — perhaps, again, because this is a longstanding, ridiculous dispute between a nonmember and tribe (both sides ridiculous this time). The cert stage briefs are here.

4. The Court, finally, denied cert in Quaempts v. Lopez, an unremarkable sovereign immunity matter.

Having fun with DALL-E: “Darth Vader arguing with a tribal judge about fish.”

Michigan Tribal-State-Federal Judicial Forum Meeting at Pokagon Band Tribal Court

Chief Judge Mike Petoskey in the healing fire room
Chief Judge Petoskey in his office

UM and MSU Students Visit LTBB Rez

Eric Hemenway addressing students near the site of Holy Childhood Indian boarding school in Harbor Springs.
At the Council of Trees near Greensky Hill Indian Mission.
The old cemetery at Greensky (church in the background).

D.C. Federal Court Rules in Favor of Scotts Valley Pomo in Indian Lands Dispute with Interior, Remands to Agency

Here are the materials in Scotts Valley Band of Pomo Indians v. Dept. of the Interior (D.D.C.):

48 Scotts Valley MSJ

54-1 US Cross Motion

56 Yocha Dehe Wintun Nation Amicus Brief

58 Scotts Valley Reply

59 US Reply

64 Memorandum Opinion

Complaint posted here.

Arizona Federal Court Dismisses Navajo Suit Challenging Implementation of Navajo-Hopi Settlement Act of 1974 [updated]

Here are the materials in Navajo Nation v. Office of Navajo and Hopi Indian Relocation (D. Ariz.):

Updated materials:

36 First Amended Complaint

43 Motion to Dismiss

D.C. Federal Court Rejects Kialegee Claim to Sovereignty Independent of Muscogee Creek Nation

Here are the materials in Kialegee Tribal Town v. Dept. of the Interior (D.D.C.):

South Dakota Federal Court Rejects Federal Effort to End Suit against Flandreau Santee Sioux Tribe

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