Bird v. Three Affiliated Cert Petition [sovereign immunity]

Here is the petition in Bird v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation:

Question presented:

Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Eighth Circuit materials:

District court materials here.

Connecticut Public Radio Show on Brackeen and Ned Blackhawk’s New Book

Here.

Native America Calling on the Affirmative Action and Student Loans Cases

Here.

ACS Broken Law Podcast on Brackeen Featuring Wenona Singel

Here is “A Win for Tribal Sovereignty.”

Wenona Singel at the Supreme Court

5Qs for Fletcher on Haaland v. Brackeen & LDF v. Coughlin

From U of M law school, here.

An excerpt:

ICWA was always a part of my scholarly agenda, largely because ICWA is such an important part of virtually every Native person’s personal history. My writing partner and spouse Wenona Singel can trace the removals of her ancestors from the 1830s all the way to the 1970s. Our children are the first generation of children in her family to not be removed since the 1830s. I began to focus on the constitutional defense of ICWA intensely after a 2013 Supreme Court decision, Adoptive Couple v. Baby Girl, where the Court questioned the constitutionality of the Act. Within a couple years, constitutional challenges to ICWA were swarming the courts. Occasionally joined with Singel, who was using other media to tell her family’s story, I began to write systematically on each constitutional issue in an effort to push back on the narrative that ICWA was somehow constitutionally suspect. I focused on congressional Indian affairs powers, anti-commandeering and federal preemption, equal protection, and non-delegation.

An E.S.F. sketch of his dad.

This Land Special Brackeen Decision Episode

Here.

Opinion here.

SCOTUSBlog Recap of Arizona v. Navajo Opinion

Here.

Opinion and stuff here.

SCOTUS Rejects Navajo Nation’s Water Rights Trust Claim 5-4

Here is the opinion in Arizona v. Navajo Nation.

Background materials here.

SCOTUS Affirms Constitutionality of ICWA 7-2

Here is the opinion in Haaland v. Brackeen.

More stuff here.

SCOTUS Holds 8-1 Bankruptcy Act Abrogates Tribal Immunity

Here is the opinion in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin.

Lower court materials here.