Wisconsin COA Rejects Challenge to Constitutionality of PL280

Here is the unpublished opinion in State of Wisconsin v. House:

Briefs here.

Public Law 280 is the classic example of what SCOTUS would strike down as violating the anti-commandeering principle of the Tenth Amendment. It is a mandate to states (six of them, including Wisconsin) to assume criminal jurisdiction over Indian country and it’s basically unfounded (more or less like most other aspects of Indian country criminal jurisdiction). I guess since the mandatory PL280 states consent to this federal commandeering of their legislative process, it’s okay? Or since the states retain prosecutorial discretion in individual cases? Like a lot of crap the Supreme Court has been shoving down our collective throats for the last few decades, anti-commandeering law is just stupid with two Os (thank you Knives Out for that one).

Wyoming Federal District Court Orders Exhaustion

The District Court of Wyoming dismissed a claim against the Eastern Shoshone Tribe and First Nation Healthcare, requiring exhaustion of tribal court remedies. Here is the Order:

And here are the tribal briefs:

New Mexico Federal Court Rejects Criminal Convict’s Request for Downward Variance in Sentence; Challenge to Major Crimes Act as Racial Classification

Here are materials in United States v. Jojola (D.N.M.):

Of course, if SCOTUS goes the wrong way in Brackeen, this case and hundreds will go much differently.