Matthew L.M. Fletcher

California COA Affirms (again) California Gambling Control Commission Denial of Revenue Sharing Funds to Burley Faction of California Miwok Tribe; Attorney Sanctioned for Filing Frivolous Appeal

January 30, 2020Matthew L.M. Fletcher

Here is the unpublished opinion in California Valley Miwok Tribe v. California Gambling Control :

National Indian Law Library Bulletin (1/29/2020)

January 30, 2020Matthew L.M. Fletcher

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2019-2020update.html
A petition for certiorari was filed on 1/23/20:
Cherokee Nation v. Bernhardt (Fee to Trust)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html

Menominee Indian Tribe of Wisconsin v. EPA (Cultural Resources; Trust Relationship)
United States v. Cooley (Indian Civil Rights Act)
Mann v. Mohr (Religious Land Use and Institutionalized Persons Act)
JW Gaming Development, LLC v. James (Sovereign Immunity)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
Gustafson v. Poitra (Tribal Jurisdiction)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
H.R.5673 – Gros Ventre and Assiniboine Tribes of the Fort Belknap Indian Community Water Rights Settlement Act of 2020

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

‘An Indian is an Indian is an Indian’: Tribes defend sovereignty amid attack on Indian Child Welfare Act
‘It makes you really not like your people’: #StopDisenrollment campaign returns amid rise in tribal removals
Agua Caliente files new lawsuit against Coachella water districts
Coastal erosion unites village of Kivalina and Louisiana tribes in UN complaint
Washington state bill would makes Afros, braids protected hairstyles
The State of South Dakota and the Sioux Tribes
New North Dakota election chief disputes checkered past, looks to ‘be responsive’ to voter ID issues
Oklahoma legislation seeks to prevent missing, murdered Native Americans
Utah tribal leaders protest legislation aimed to keep Native American mascots
Aquinnah Wampanoag Tribe defends sovereignty in gaming case

Cherokee Nation v. Bernhardt Cert Petition over United Keetoowah Band Trust Land Acquisition [updated with add’l cert stage materials]

January 29, 2020June 3, 2020Matthew L.M. Fletcher

Here is the petition:

cert-petition-1.pdf

Update:

US Brief in Opposition

Reply in Support of Petition

Questions presented:

1. Whether the Secretary of the Interior exceeded his statutory authority by taking land located within the reservation boundaries of one Indian Tribe and placing the land in trust for another Tribe, despite the objections of the first Tribe and in violation of a regulatory prohibition and the United States’ treaty promises to the first Tribe.

2. Whether the Court should hold this petition pending its disposition of Maine Community Health Options v. United States, No. 18-1023 (argued Dec. 10, 2019), because this case raises the same issue concerning implied repeals effected by appropriations laws and the proper standard for determining what law to apply.

Lower court materials here.

Ninth Circuit En Banc Panel Holds Arizona Discriminates against Voters of Color

January 29, 2020Matthew L.M. Fletcher

Here is the opinion in Democratic National Committee v. Hobbs. A powerful history of the State’s suppression of Native voting begins on page 54 of Judge Fletcher’s majority opinion. The work of Patty Ferguson-Bohnee is cited repeatedly on this point.

Briefs:

Pulitzer Center: “A Well of Grief: The Relatives of Murdered Native Women Speak Out”

January 28, 2020Matthew L.M. Fletcher

Here.

Seventh Circuit Says EPA Gave Menominee Tribe “Runaround” on Back 40 Mine, Finds No Federal Agency Action to Review

January 28, 2020Matthew L.M. Fletcher

Here are the materials in Menominee Tribe v. EPA:

majority-opinion-hamilton-concurrence.pdf

menominee-brief.pdf

epa-brief.pdf

aquila-resources-brief.pdf

menominee-reply.pdf

Lower court materials here.

WaPo: “The Chiefs are bringing Native American imagery, and the ‘tomahawk chop,’ to a Super Bowl stage”

January 27, 2020Matthew L.M. Fletcher

Here.

National Archives Office in Seattle to Close [updated with Senators’ letter]

January 27, 2020January 27, 2020Matthew L.M. Fletcher

From the Seattle Times, here is “‘Terrible and disgusting’: Decision to close National Archives at Seattle a blow to tribes, historians in 4 states.”

Update:

2020_0124_National-Archives-Senators-Letter

North Dakota SCT Affirms State Court Jurisdiction over Reservation Housing Eviction Matter

January 27, 2020Matthew L.M. Fletcher

Here is the opinion in Gustafson v. Poitra: Opinion

Excerpt:

Linus and Raymond Poitra appeal the district court judgment of eviction. The Poitras argue the district court erred by exercising jurisdiction over this matter, and by sending a North Dakota law enforcement officer onto the reservation to evict tribal members from property within the Turtle Mountain Reservation. We affirm.

Briefs:

Appellant Brief

Appellee Brief