Supreme Court

ABA SCOTUS Indian Law Cases Webinar (August 29, 2023)

August 15, 2023Matthew L.M. Fletcher

Date: Tuesday, August 29, 2023

Time: 3:00 p.m. – 4:30 p.m. ET

Sponsor: ABA Section of Civil Rights and Social Justice

The United States Supreme Court decided several Indian law cases this term that touch on fundamental concepts at the core of federal Indian law. This panel, made up, in part, of lawyers who were directly involved in each of these cases on behalf of Indian Tribes, and other lawyers and scholars who will offer a broader perspective, will discuss each of these cases and their impact on broader federal Indian law principles.

Speakers:

Erin C. Dougherty Lynch – Senior Staff Attorney and Managing Attorney, Native American Rights Fund
Shay Dvoretzky – Partner, Supreme Court and Appellate Litigation, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
Matthew L.M. Fletcher – Harry Burns Hutchins Collegiate Professor of Law, University of Michigan Law School
Leonard R. Powell – Associate, Jenner & Block
Pratik A. Shah – Partner, Akin Gump Strauss Hauer & Feld LLP

Moderator:

Patty Ferguson Bohnee – Director, Indian Legal Clinic, Arizona State University Sandra Day O’Connor College of Law; Attorney, Sacks Tierney

Register HERE: https://americanbar.zoom.us/webinar/register/WN_lbFcLRxERZqV6JrqtYYOWw

The Section of Civil Rights and Social Justice is the only ABA membership entity solely dedicated to the advancement of human rights, civil rights, civil liberties, and social justice. We invite you to become involved with critical legal and public policy issues by joining one or more Section committees. You may want to become part of a committee to learn more about developments in a particular issue area. Or you may choose to take a more active role by participating in or organizing specific activities. Whatever your area of interest or specialization, we have a home for you. To get involved, join us here.

City of Tulsa v Hooper Stay Application Materials

August 7, 2023Matthew L.M. Fletcher

Here:

Application For Stay.pdf Download

Hooper Response to Stay.pdf Download

MCN Amici Hooper Amici Stay Opp.pdf Download

Reply to Stay .pdf Download

Kavanaugh Statement.pdf Download

Lower court materials here.

Bird v. Three Affiliated Cert Petition [sovereign immunity]

July 10, 2023Matthew L.M. Fletcher

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

Bird Cert Petition.pdf Download

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:

Bird CA8 Brief.pdf Download

MHA Nation CA8 Brief.pdf Download

Bird CA8 Reply.pdf Download

District court materials 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.