News

NYTs: “Nebraska Liquor Stores Near Pine Ridge Reservation Lose Licenses”

Matthew L.M. Fletcher

Here.

Lower Elwha and Federal Government Prevail in NEPA/ESA Suit in the 9th Circuit

Ann Tweedy1 Comment

NEPA and ESA challenges to hatchery approvals after removal of the Elwha Dam were brought by anti-hatchery environmental groups. The unpublished decision is here.

Briefs:

Motion for Injunction

Opening Brief

Tribal Answer Brief

Federal Answer Brief

Reply

Lower court materials here.

Elie Mystal on the Chief Justice

Matthew L.M. Fletcher

Here is “John Roberts, Silent During The Garland Process, Suddenly Worries About Partisanship.”

An excerpt:

When Mitch McConnell decided that black presidents only get to be president for seven years and refused to hold a hearing on Barack Obama’s nominee to the Supreme Court, there was only one man in the country who could have stopped him: Chief Justice John Roberts. Roberts could have spoken up. He could have urged the Senate to perform its Constitutional duty. He could have explained how the Senate’s actions were hurting the Court.

Instead, he said nothing.

“Dakota Access Changed Tribes’ Outlook on Energy Companies, Denver Attorney Says”

Matthew L.M. Fletcher

Here.

WaPo: “Hunting down runaway slaves: The cruel ads of Andrew Jackson and ‘the master class’”

Matthew L.M. Fletcher

Here.

Nooksack Crisis Update: IHS Reassumes Health Care Duties; NAICJA Acts against Tribal Judge; HUS Stops Evictions of Disenrollees

Matthew L.M. Fletcher

Here is “Federal government to take over health care from Nooksack Tribe.” And:

03-27-17 IHS Reasssumption Letter to Robert Kellly Jr

NAICJA has requested that the Nooksack judge relinquish his membership from that organization:

03-27-17 NAICJA Letter to Raymond Dodge

HUD informed the tribe to stop evicting disenrollees:

04-04-17 HUD Letter to Robert Kellly Jr

WaPo: “If Gorsuch is like his colleagues, he’ll constantly interrupt the female justices”

Matthew L.M. Fletcher

Here.

The empirical research backing this claim is here.

The Apolitical Case against Judge Gorsuch

Matthew L.M. Fletcher

Here is Emily Bazelon and Eric Posner’s “The Government Gorsuch Wants to Undo.” An excerpt:

But the reality is that Judge Gorsuch embraces a judicial philosophy that would do nothing less than undermine the structure of modern government — including the rules that keep our water clean, regulate the financial markets and protect workers and consumers. In strongly opposing the administrative state, Judge Gorsuch is in the company of incendiary figures like the White House adviser Steve Bannon, who has called for its “deconstruction.” The Republican-dominated House, too, has passed a bill designed to severely curtail the power of federal agencies.

Here are several other tidbits on this issue:

Richard Hasen’s “Neil Gorsuch got where he is because of a form of affirmative action.”

Elie Mystal’s “Truck Drivers Weigh In On TransAm Trucking Case, Neil Gorsuch Nomination.”

NCAI/NARF Support Documents: NCAI NARF Gorsuch letter Final and NCAI Summary of Gorsuch Confirmation Hearing

Turtle Talk’s summary of Judge Gorsuch’s Indian law record.

 

More News on Whiteclay: Profile of Jennifer Bear Eagle

Matthew L.M. Fletcher

Here is “From the Rez and Back: Legal Eagle Helps Her Tribe.”