Town of Vernon v. United States Cert Stage Materials

Here:

Cert Petition

Questions presented:

1. Whether a tribe that opted out of the Indian Reorganization Act can have its status under the Act revived under the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not hold land in trust for that tribe at the time the tribe sought a land-in-trust acquisition.

2. Whether the land-in-trust provision of the Indian Reorganization Act, 25 U.S.C. § 5108, exceeds Congress’ authority under the Indian Commerce Clause, Art. I, § S, cl. 3.

3. Whether § 5108’s standardless delegation of authority to acquire land “for Indians” is an unconstitutional delegation of legislative power.

4. Whether the federal government’s control over state land must be categorically exclusive for the Enclave Clause, Art. I, § 8, cl. 17, to prohibit the removal of that land from state jurisdiction.

US Cert Opp Brief

Patchak v. Zinke Background Materials

Here are the merits briefs:

Patchak Merits Brief

Joint Appendix

US Merits Brief

Gun Lake Merits Brief

Patchak Merits Reply

Here are the amicus briefs:

Federal Courts Scholars Brief in Support of Petitioners

Fed. Cts. and Indian Law Scholars in Support of Respondents

Brief Amici Curiae of Wayland Township, et al. in Support of Respondents

Brief for the U.S. House of Representatives as Amicus Curiae Supporting Respondents

Brief Amicus Curiae of National Congress of American Indians in Support of Respondents

Brief Amicus Curiae of Professor Edward A Hartnett in Support of Respondents

Here are the cert stage briefs:

Patchak Cert Petition

Federal Cert Opp

Gun Lake Cert Opp

Patchak Reply

Here are the D.C. Circuit materials:

Opinion

Patchak Opening Brief

Tribe Response Brief

US Response Brief

Patchak Reply Brief

District court materials:

Patchak v Jewell – Gun Lake Tribe (Judge Leon Opinion)

78 Gun Lake Tribe Motion for Summary J

80-1 Patchak Motion for Summary J

85 US Opposition

86 Gun Lake Tribe Opposition

87 Patchak Opposition to Gun Lake Tribe Motion

88 Gun Lake Tribe Reply

90 Patchak Reply

Legislative materials:

Senate Hearing

House Report

Gun Lake Trust Land Reaffirmation Act

Ninth Circuit Argument Video in Appeals in Challenge to Ione Band Gaming Related Trust Acquisition

Here is the video in No Casino in Plymouth v. Zinke (briefs here).

Here is the video in County of Amador v. Dept. of Interior (briefs here).

“Sault Tribe’s trust land application denied for Lansing casino”

Here.

If anyone has the denial letter, please send it along.

Here it is. And here:

2017-07-24 DOI Cason ltr to Sault Ste. Marie denying mandatory trust acqn

High Country News: “Under Trump, tribal land ownership is not a priority”

Here.

Ninth Circuit Briefs in Citizens for a Better Way v. Zinke

Here:

Opening Brief

Federal Response Brief

Estom Yumeka Maidu Tribe Answer Brief

Reply

Related posts.

Grand Traverse Band Response to House Resources Committee Memo of May 22, 2017

Here are the materials:

06-06-17 Ltrs to Hon. Raul Labrador and Donald McEachin

County Commissioner-Ty Wessell Letter of Support

ARTICLE – Rep. Rob Bishop Angers House Colleagues Over His Handling of I…

E.D. Okla. Rules in Favor of Cherokee Nation and Remands UKB Trust Application

Download the documents and materials in the matter of The Cherokee Nation v. Jewell et al, 14-cv-00428 (E.D. Okla. May 31, 2017):

The Court ruled a 2011 BIA decision approving an amended land into trust application of the United Keetoowah Band of Cherokee was arbitrary and capricious. On remand, the BIA must obtain Cherokee Nation’s consent to the application per its treaty rights over former reservation land, give full consideration to the jurisdictional conflicts between Cherokee Nation and UKB, the resulting administrative burdens on the BIA, and the effects of Carcieri.

Link: Previous posts

DOI Consultation Notice on DOI Reorganization

Download(PDF): Tribal Listening Sessions on E.O. 13871: Reorganization of the Executive Branch

Acting Assistant Secretary for Indian Affairs, Michael S. Black, invites Tribal leaders to attend one of the listed listening sessions to provide input on improving “efficiency, effectiveness, and accountability” at the Department of the Interior.

DATES

SCOTUS Denied Cert in Challenge to Oneida Trust Land Acquisition on Monday (Central New York Fair Business Assoc. v Zinke)

Missed it. Sorry. 🙂

Here’s the order list from Monday.

Petition is here.