Here is the order list.
SCOTUS Denies Cert in NLRB, Pauma, and Shinnecock Petitions
Here is the order list.
Author: Matthew L.M. Fletcher
Impact of Dollar General Affirmance
Huge win for the Mississippi Band of Choctaw Indians tribal court and most especially for the family of John Doe. The case must now return to the tribal court for a hearing on the merits. Presumably, DG will settle and we won’t hear any more about this case. One guesses, however, that if DG loses in a merits battle, it could AGAIN try the federal courts to see if they will hear another challenge to the tribe’s jurisdiction, perhaps more closely tied to something like punitive damages. Highly unlikely I would guess.
The battle waged at oral argument may be repeated again and again throughout Indian country. The constitutional issues are highly salient to the conservatives remaining on the Court. At least one thing we can thank DG for is making the best case for nonmembers on those constitutional issues.
The next Supreme Court Justice will decide whether tribes can assert civil jurisdiction over nonconsenting nonmembers. Meanwhile, tribal court plaintiffs will continue to cite to the Fifth Circuit’s opinion in DG, the Ninth Circuit’s opinion in Water Wheel, Merrion, and related cases.
On a more speculative note, hopefully historians will figure out what was going on for the past six and a half months for all of this to end up in a 4-4 tie. One would have to guess that one or more Justices switched votes in the very recent past. Perhaps the Chief Justice assigned himself the majority after oral argument (he did write Plains Commerce and so has a track record), and struggled mightily to hold a majority for the past several months. Or perhaps Samantha Bee’s satire swayed someone at the last minute. 🙂
Mille Lacs County Cancels Cooperative Law Enforcement Agreement with Mille Lacs Band
The County resolution is available on Melanie Benjamin’s official Facebook page: https://www.facebook.com/ChiefExecutiveMelanieBenjamin/?fref=ts
The Interior Solicitor’s M opinion on the reservation boundaries is here.
Wisconsin Disretionary Transfer Rule to be Indefinitely Extended
According to Larry Nesper:
The Supreme Court of Wisconsin today, June 21, in an administrative hearing, voted to indefinitely extend the Discretionary Transfer Rule permitting state court judges to transfer cases to tribal court on their own authority. It had been scheduled for review after five years. The rule has been most extensively used by the Oneida Nation which has transferred 1400 child support cases in the last several years out of county courts and into tribal court. The order will be out by the end of the term this summer.
Comments on this rule going back to 2007 are here.
Tunica-Biloxi Gaming Authority v. Zaunbrecher Cert Stage Briefs
Here:
Question presented:
It is well established that “Indian tribes are domestic dependent nations that exercise inherent sovereign authority. Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe, 498 U.S. 505, 509, 111 S.Ct. 905, 112 L.Ed.2d 1112 (1991); Michigan v. Bay Mills Indian Community,_ U.S._, 134 S.Ct. 2024, 2030, 188 L.Ed.2d 1071 (2014). “Among the core aspects of sovereignty that tribes possess – subject, again, to congressional action – is the common-law immunity from suit traditionally enjoyed by sovereign powers …. That immunity, we have explained, is a necessary corollary to Indian sovereignty and selfgovernance.” Three Affiliated Tribes of Fort Berthold Reservation v. Wold Engineering, P.C., 476 U.S. 877, 890, 106 S.Ct. 2305, 90 L.Ed.2d 881 (1986).
In Michigan v. Bay Mills Indian Cmty., supra, this Court explained that the “baseline position … is tribal immunity; and [t]o abrogate [such] immunity, Congress must unequivocally express that purpose …. That rule of construction reflects an enduring principle of Indian law: Although Congress has plenary authority over tribes, courts will not lightly assume that Congress in fact intends to undermine Indian selfgovernment.” (Citations omitted; internal quotation marks omitted.) Id., 134 S.Ct. at 2031-32.
Lower court materials here.
Federal Court Confirms Arbitration Award in Favor of Citizen Potawatomi against Oklahoma
Here are the materials in Citizen Potawatomi Nation v. Oklahoma (W.D. Okla.):
16. Memorandum Opinion and Order 6-21-16
We posted commentary on this matter here.
Section 1983 Claim against Swinomish Tribal Police Officer Dismissed
Here are the materials in Pearson v. Dept. of Licensing (W.D. Wash.):
Ninth Circuit Affirms Injunction against Kurt Kanam and Orbie Mullins
Here is the opinion in KPMG LLP v. Kanam.
Lower court materials here.
Federal Court Will Inspect Tribal Documents Sought in Glendale Casino Dispute
Here are the new materials in Tohono O’odham Nation v. Ducey (D. Ariz.):
Washington Appellate Court Decides that Former Nooksack Employee Entitled to Unemployment Benefits
Here is the opinion in Rapada v. Nooksack Indian Tribe (Wash. Ct. App. — Div. 1).
An excerpt:
Nadene Rapada was the accounting director for the Nooksack Indian Tribe (NIT). NIT terminated Rapada for processing a mileage reimbursement request without first having the request approved as required by NIT’s written accounting policy. Rapada did not dispute that she violated NIT’s official policy. She argued that after-the-fact approval was common practice at NIT and following that practice, rather than the official policy, was a good faith error in judgment.
The Employment Security Department (ESD) initially decided that Rapada was eligible for unemployment benefits. On NIT’s appeal of this decision, the ESD commissioner reversed concluding that Rapada was discharged for misconduct that amounted to wanton disregard of the employer’s interest and was thus ineligible for unemployment benefits. Rapada appealed to the superior court which reversed the commissioner’s decision.
We also conclude the commissioner erred and affirm the superior court.
Turtle Talk 
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