Due to popular demand, Washington is up next. [Lemme know if anyone objects to the W/L characterizations below. Some cases are a little difficult to figure.]
In Washington, tribal interest win 47 percent of cases
Here are the cases:
Supreme Court
Article on Tribes and Self-Defense
For anyone who’s interested, my article, “‘Hostile Indian Tribes . . . Outlaws, Wolves, . . . Bears . . . Grizzlies and Things Like That?’ How the Second Amendment and Supreme Court Precedent Target Tribal Self-Defense,” recently came out in the University of Pennsylvania Journal of Constitutional Law and is now available on Westlaw and Lexis. It examines the legal history of tribes’ and Indians’ right to self-defense (or lack thereof) and right to bear arms and argues that tribes are still being punished for past acts of self-defense.
Supreme Court Denies Cert in Daugaard/Hein/South Dakota v. Yankton Sioux and Miccosukee v. Kraus-Anderson
Here is the order list.
Here are the cert stage briefs in both cases.
State Supreme Court Outcomes: California
The California appellate courts have heard hundreds upon hundreds of Indian law cases in the last 25 years (mostly ICWA), but the California Supreme Court rarely grants review.
In California, tribal interests prevail in 50 percent of cases.
Here are the cases:
State Supreme Court “Scorecard” — Week 2
Here are the “win” percentages for tribal interests in the states we’ve looked at so far (week 2 additions are in red):
New York 88 percent (7 wins, 1 loss)
Montana 68 percent (38 wins, 18 losses)
Colorado 67 percent (4 wins, 2 losses)
South Dakota 50 percent (27 wins, 27 losses)
Florida 50 percent (1 win, 1 loss)
Alaska 46 percent (18 wins, 21 losses)
Utah 43 percent (3 wins, 4 losses)
Kansas 42 percent (5 wins, 7 losses)
Oregon 40 percent (2 wins, three losses)
North Dakota 38 percent (9 wins, 15 losses)
Arizona 29 percent (4 wins, 10 losses)
Wyoming 20 percent (2 wins, 8 losses)
Overall 51 percent (120 wins, 117 losses)
Reed v. Gutierrez Cert Opposition Brief
Jicarilla Supreme Court Decision in Haiku
Here.
State Supreme Court Outcomes: New York and Florida
We’re not statisticians, so these tiny numbers of cases are going to generate wide discrepancies.
In New York, tribal interests have an 88 percent success rate.
In Florida, tribal interests have a 50 percent success rate.
Here are the New York cases:
Miccosukee and Yankton Cert Petitions are Petitions to Watch (SCOTUSblog)
Here. Here are the Miccosukee materials:
Title: Miccosukee Tribe v. Kraus-Anderson Construction Co.
Docket: 10-717
Issue(s): Whether an action to obtain recognition of an Indian tribal court judgment presents a federal question under 28 U.S.C. § 1331.Certiorari stage documents:
- Opinion below (11th Circuit)
- Petition for certiorari
- Respondent’s brief in support of petition for certiorari
- Supplemental brief for petitioner (forthcoming)
CVSG Information:
- Invited: January 24, 2011
- Filed: May 20, 2011 (Deny)
And here are the Yankton materials:
SCOTUSblog on U.S. v. Jicarilla Apache
SCOTUSblog posted its summary of U.S. v. Jicarilla Apache today.
Turtle Talk 
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