Author: Matthew L.M. Fletcher

Tenth Circuit Denies En Banc Petition in Pueblo Water Rights Matter

Matthew L.M. Fletcher

Here are the en banc stage materials in United States v. Abouselman:

En Banc Petition

US Response

Order Denying Petition for Rehearing

Panel materials here.

NYTs: “In Last Rush, Trump Grants Mining and Energy Firms Access to Public Lands”

Matthew L.M. Fletcher

Here.

Federal Court Denies Second Effort by La Posta Band of the Diegueño Mission Indians to Stop Trump Border Wall

Matthew L.M. Fletcher

Here are the new materials in La Posta Band of the Diegueño Mission Indians v. Trump (S.D. Cal.):

39 Amended Complaint

40-1 Second Motion for Injunction

47 Opposition

55 Reply

60 DCT Order

Update — 1/7/2021

64 Motion for Reconsideration

69 Response

72 DCT Order

Prior posts here, here, and here.

NYTs: “Biden Will Pick Deb Haaland to Lead Interior Department”

Matthew L.M. Fletcher

Here.

Fifth Circuit Decides Federal Diversity Jurisdiction Matter Involving Hoopa Valley Tribe

Matthew L.M. Fletcher

Here is the opinion in Mitchell v. Bailey.

Briefs and lower court materials here.

New Scholarship on the Tribal Right to Object to the Death Penalty

Matthew L.M. Fletcher

Grant Christenson has published “The Wrongful Death of an Indian: A Tribe’s Right to Object to the Death Penalty” in the UCLA Law Review Discourse.

Church Parishioners Cert Petition in Seminole Tribe Immunity Case

Matthew L.M. Fletcher

Here is the petition in Eglise Baptiste Bethanie De Ft. Lauderdale Inc. v. Seminole Tribe of Florida:

Eglise Baptiste v Seminole Cert Petition

Questions presented:

(1) Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the “place of religious worship” provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) (“the Access Act”)?
(2) Are the “place of religious worship” and civil remedies provisions of the Access Act, as applied to a congregational leadership dispute, unenforceable because those provisions violate the Establishment of Religion and Free Exercise of Religion Clauses of the First Amendment to the United States Constitution?

Lower court materials here.

Update:

Seminole BIO

NYTs: “Cleveland’s Baseball Team Will Drop Its Indians Team Name”

Matthew L.M. Fletcher

Here.