Minnesota COA Restores Leech Lake Ojibwe Member’s Challenge to Itasca County’s Authority to Prosecute Fireworks Sales

Here is the unpublished opinion in Irv’s Boomin’ Fireworks LLC v. Muhar:

Unpublished Opinion

Earlier case here.

Yakama Nation Suit against US over Timber Trust Breach

Here are the materials so far in Yakama Indian Nation v. United States (Fed. Cl.):

ECF 1_Complaint

ECF 11_MTD

ECF 14_Response to MTD

17 US Reply

24 Tribe Surreply

25 US Response

Jenni Monet: “Indian Country’s ANWR: How an Iñupiat Trump Official, Tara Sweeney, is challenging everything you know about Indigenous environmentalism”

From the Indigenously site, article here.

Yakama Nation Endorsement of Justice Raquel Montoya-Lewis for Washington Supreme Court

Here is the letter: Letter_YN_Endorsement of J. Raquel Montoya-Lewis (8.21.20).

Here is the text of the letter:

To Whom It May Concern, 

 

I write on behalf of the Confederated Tribes and Bands of the Yakama Nation to endorse Justice Raquel Montoya-Lewis for the Washington State Supreme Court.  As the first Native to serve as a State Supreme Court Justice, Justice Montoya-Lewis brings a background and perspective to the bench that has been sorely lacking throughout Washington’s statehood. 

 

Justice Montoya-Lewis’s experience as a Judge for the Lummi Nation, Nooksack Tribe, and Upper Skagit Tribe have afforded her an in-depth understanding of both tribal law and federal Indian law, which is essential to understanding the limitations of Washington State law plays in Indian Country.  This experience makes Justice Montoya-Lewis uniquely qualified to recognize and uphold the Treaty and other inherent rights of the 29 sovereign Native Nations whose peoples have always lived in the lands now called Washington State.

 

Justice Montoya-Lewis clearly has the legal mind and acumen needed for the job, but more importantly she has the heart and compassion that our society needs from state judges.  On July 10, 2020, Justice Montoya-Lewis read aloud the Supreme Court’s decision to vacate its 1916 conviction of an enrolled Yakama Member, atwai Alec Towessnute, for exercising his Treaty-reserved fishing rights on the Yakima River.  Speaking truth to our experience as Native Peoples, Justice Montoya-Lewis correctly observed that injustices like the Towessnute conviction “continue to perpetrate injustice by their very existence.”

 

Justice Montoya-Lewis’s perspective has long been absent from the Washington State Supreme Court.  We urge all enrolled Yakama Members, and all Washington State citizens, to support her candidacy to retain her seat on the Washington State Supreme Court.

Muckleshoot v. Tulalip U&A Cert Petition

Here is the cert petition in Muckleshoot Indian Tribe v. Tulalip Tribes:

Cert Petition

Question presented:

Whether the Ninth Circuit, in conflict with precedent of this Court and the D.C. Circuit, impermissibly narrowed a decades-old judicial decree so as to deprive Indian tribes of their ability to exercise treaty fishing rights.

Lower court materials here.

Update:

Brief in Opposition

Barbara Creel: “Scheduled Federal Execution of Native American is A Death Warrant for Tribal Sovereignty”

Here.

Indian Law Professors Amicus Brief in Fulton v. City of Philadelphia

Here:

Amicus Brief of Indian Law Professors

An excerpt:

Amici write to explain how the long and shameful history of treatment of Indian children by the child welfare system in the United States demonstrates the dangers of and substantial harms inflicted by discrimination in this setting, including in particular discrimination based on the religious beliefs of government employees or agents

Miigwetch to April Youpee-Roll for taking the lead!

Matthew Fletcher & Tamera Begay: “The U.S. Shouldn’t Get to Decide If a Navajo Man Dies”

From The Atlantic, here.

American Indian Law Review New Issue — Vol. 44, No. 2

Here:

Current Issue: Volume 44, Number 2 (2020)

Articles

PDF

The Court of Indian Appeals: America’s Forgotten Federal Appellate Court
Chief Judge Gregory D. Smith and Bailee L. Plemmons

Comments

Note

Special Feature

Indian Country Today Interview with Judge Meredith Drent and Nikki Campbell: “Tribal courts in a pandemic mode”

Here.