Matthew L.M. Fletcher

Meyers v. Wisconsin Oneida Cert Petition — Another Immunity Case

December 14, 2016Matthew L.M. Fletcher2 Comments

Here is the petition in Meyers v. Oneida Tribe of Indians of Wisconsin:

Questions presented:

1. Whether Congress abrogated the sovereign immunity of an Indian tribe under 15 U.S.C. § 1681, et seq., by providing that “any…government” may be liable for damages.
2. Whether an individual who receives a computer generated cash register receipt displaying more than the last five digits of the individual’s credit card number and the card’s expiration date has suffered a concrete injury sufficient to confer standing under Article III of the United States Constitution.

Lower court materials here.

Federals Prevail in Online Tribal Bingo Suit

December 14, 2016Matthew L.M. Fletcher

Here are the materials in State of California v. Iipay Nation of Santa Ysabel (S.D. Cal.):

80 DCT Order Granting US Motion

Prior post here.

Alaska Federation of Natives Files Cert Stage Amicus Brief in Polar Bear Case

December 14, 2016December 14, 2016Matthew L.M. Fletcher

Here is the brief filed in Alaska v. Jewell:

afn-amicus-brief

Here are the cert petitions:

alaska-cert-petition

alaska-oil-gas-assn-cert-petition

Federal Claims Court Dismisses Action by “Chakchiuma Nation”

December 14, 2016December 14, 2016Matthew L.M. Fletcher

Here are the materials in Chakchiuma Nation v. United States (Fed. Cl.):

WaPo: Ryan Zinke Named as Interior Secretary Nominee

December 13, 2016Matthew L.M. Fletcher

Here.

Ninth Circuit Rules against Yakama/King Mountain in Tax Dispute with Federals

December 13, 2016Matthew L.M. Fletcher

Here is the opinion in Confederated Tribes and Bands of the Yakama Indian Nation v. Alcohol and Tobacco Tax and Trade Bureau.

Briefs and lower court materials here.

Cherokee Nation AG Opines that Cherokee Constitution Protects Fundamental Right to Marriage; Same-Sex Marriage Legal at Cherokee

December 13, 2016Matthew L.M. Fletcher6 Comments

Here is the opinion:

Hembree Opinion

An excerpt:

For the reasons discussed below, it is the official opinion of the Attorney General that the Cherokee Nation Constitution protects the fundamental right to marry, establish a family, raise children and enjoy the full protection of the Nation’s marital laws. The Nation may not deny the issuance of a marriage license to two persons, or refuse to recognize their marriage based solely upon the sex of the persons in the marriage union. Therefore, Section 1 of the Cherokee Nation Marriage and Family Act (“Act”), which defines marriage as “a civil contract between one man and one woman,” is unconstitutional. Likewise, Section 3 of the Act, which prohibits marriage “between parties of the same gender,” is also unconstitutional.

Second Circuit Rejects Another Challenge to Oneida Trust Acquisition

December 13, 2016Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in Central New York Fair Business Assn. v. Jewell (PDF).

Briefs:

Lower court materials here.

Split Cal. COA Holds Gov. Brown’s Concurrence in North Fork Compact is Invalid

December 13, 2016December 13, 2016Matthew L.M. Fletcher

Here are the opinions in Stand Up For California v. State of California (PDF). An excerpt from the lead opinion:

The judgment is reversed. The Governor’s concurrence is invalid under the facts alleged in this case. Plaintiffs have stated a cause of action for a writ of mandate to set the concurrence aside on the ground that it is unsupported by legal authority. The matter is remanded for further proceedings, and the trial court is directed to vacate its order sustaining the demurrers and enter a new order overruling them.

Briefs:

Appellant Brief

California Brief

Reply Brief

Appellant Supplemental Brief

California Supplemental Brief

North Fork Supplemental Brief

Jacob Levy: “Authoritarianism and Post-Truth Politics”

December 10, 2016Matthew L.M. Fletcher