Montana Indian Law Section: ICWA, the Brackeen Decision & MT ICWA Statute — November 1, 2023

Here.

Tentative Agenda

Noon to 1 p.m.: The Impacts of the Brackeen Decision Moving Forward – 

1 to 2 p.m.: How the Brackeen Decision and the Recently Passed Montana ICWA Statute Will Impact Practitioners in Montana. 

Speakers

Professor Matthew Fletcher: Harry Burns Hutchins Collegiate Professor of Law the University of Michigan Law School

Kimberly Cluff: California Tribal Family Coalition

Kelly Driscoll: Montana Office of the State Public Defender, Missoula

April Olson: Rothstein Donatelli, Tempe, Arizona

Heather Tanana to Speak at UMLS Next Week

SCOTUS Denies Two Indian Law Cert Petitions

Here is today’s order list.

The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation and Sauk-Suiattle Tribe v. City of Seattle.

Federal and Tribal Briefs in Opposition in Klamath Irrigation District v. Bureau of Reclamation

Here:

This is the Trinity River @ Hoopa

Cert petition and other materials here.

UConn Law Review Symposium — Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience [October 6, 2023]

Here:

The Connecticut Law Review invites you to their 2023 symposium: Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience The litigation that led to Haaland v. Brackeen threatened to take down not only the Indian Child Welfare Act, but vast swaths of federal Indian policy and federal law. Instead, the Supreme Court’s decision left ICWA unscathed and affirmed the constitutional relationship between tribal nations and the United States. But threats to Native families and tribal sovereignty continue. Native children continue to be removed from their communities by a market for adoptable children. A handful of states and interest groups continue to seek ways to challenge tribal authority and federal laws that support it. And because the Supreme Court held that the Brackeen plaintiffs lacked standing to raise their equal protection challenges to ICWA, those claims can be raised another day. Leading scholars, attorneys, and tribal leaders will explore these and other issues raised by the decision in this symposium.

United States Seeks SCOTUS Review of Decisions Awarding Contract Support Costs to Tribal Health Clinics

Here is the petition in Beccera v. Northern Arapaho Tribe:

Question presented:

Whether IHS must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties.

Lower court materials here.

Here is the petition in Beccera v. San Carlos Apache Tribe:

The question presented is the same in both cases.

Lower court materials here.

Second Klamath Irrigation District v. Bureau of Reclamation Cert Petition [McCarren Act Issues]

Here:

Question presented:

Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarran Amendment by asserting defenses based on federal law.

The first petition is here.

ABA Webinar on the NDN Law Cases of the 2022 Term

Join us for a free webinar hosted by the ABA CRSJ discussing Indian law cases decided by SCOTUS this term. We have a great panel, Erin Doughtery Lynch, Shay Dvoretzky, Matthew Fletcher, Lenny Powell, Pratik Shah, who will discuss the cases and the broader impact on federal Indian law principles.

Date: Tuesday, August 29, 2023
Time: 3:00 PM – 4:30 PM ET

Register HERE: https://lnkd.in/gZz6YWnJ