South Dakota Cert Petitions in Yankton Sioux Reservation Diminishment Case

Here they are:

Daugaard Cert Petition

So. Missouri Recycling and Waste Mgmt. Dist. Cert Petition

Charles Mix County Cert Petition

Lower court materials are here and here.

AP Article on Women in Front of the Supreme Court, with Quotes from Patricia Millett

Some excerpts of the article, because of AP’s stringent reblogging policy:

US Supreme Court hears from few female lawyers
By JESSICA GRESKO
Associated Press

WASHINGTON (AP) — Last year Lisa Blatt listed the top lessons she’s learned in more than a decade as a lawyer arguing before the Supreme Court. Never let the justices see you sweat, facts matter and timing is everything. Then she wrote this: Women have a harder time than men successfully arguing before the court.

She should know. No living woman has argued before the nation’s highest court more times than Blatt, who made her 30th appearance Wednesday in a case about drug prices.

“Each argument is a big deal,” said Blatt, a Texas native who learned to argue as a high school debater.

“One of the things I’m most concerned about is women self-select out of the types of things that lead to appellate Supreme Court careers,” said Patricia Millett, one of a handful of women who routinely argues before the bench. Her 28 arguments put her just behind Blatt.

Millett, a mother of two, and other female lawyers said family reasons can compel women to choose career paths that are less demanding than becoming a Supreme Court advocate. Maureen Mahoney, who has argued 21 times before the court and is also a mother, said that until family demands fall more equally on men and women she doesn’t believe women will argue in equal numbers.

The first woman applied to argue before the Supreme Court in 1876, but the justices voted 6-3 against admitting her or any other female lawyer. Three years later, at the urging of the rejected lawyer, Belva Lockwood, Congress passed a law forcing the court to accept women as advocates. Still, female lawyers remained curiosities at the court into the 1970s.

One exception was Beatrice Rosenberg, a Justice Department lawyer who argued more than 30 cases in the 1950s and 60s. Until Wednesday, Rosenberg was the only woman with 30 arguments before the court, though a handful of men have argued twice that many.

New York Times Editorial on Former SGs Arguing in Front of SCOTUS

An excerpt from the NY Times:

Friends of the Court?

Published: January 18, 2011

The Roberts court is hearing a larger share of cases about economic activities that matter to big business than the Rehnquist court before it. A recent study done by scholars for The Times documents that, compared with other Supreme Courts since 1953, this one is “significantly more likely to produce a conservative decision” in those cases.

One reason for that, beyond the court’s conservative tilt, may be that big business is increasingly bringing in big guns to argue their cases: former lawyers in the Justice Department’s Office of the Solicitor General. So far this term, former Solicitors General Gregory Garre, Theodore Olson and Seth Waxman have argued at the court for business clients.

Former solicitors general used to be more likely to become professors, judges or other kinds of public servants. Now they are more likely to build corporate practices. With the exception of Justice Elena Kagan and one other, every former solicitor general for the past 15 years leads a law firm group representing business clients.

Of the 11 cases on the court’s January list for oral arguments, the U.S. Chamber of Commerce filed briefs in seven. Last term, the chamber supported the winning side in 13 of 16 cases where it took part. As Adam Liptak reported in The Times, the group attributes those results to the quality of their advocates. The biggest victory was in the Citizens United case, argued by Mr. Olson.

Supreme Court Denies Cert in API v. Sac and Fox

As expected, though one never knows with the tribal court jurisdiction cases, the Supreme Court denied cert in API v. Sac and Fox (order list here).

API was a non-Indian-owned business hired by a tribal group (or individual) to enter into a tribal governmental office to retrieve documents and perform other security-related tasks. The tribal court held it had jurisdiction under Montana 2 to adjudicate contract and tort claims relating to that activity. There probably isn’t a better fact pattern for a Montana 2 “political integrity” exception to Montana’s general rule.

Oklahoma Cert Opposition Brief in Osage Reservation Disestablishment Case

Here: Final OTC Brief in Opposition

And the petition is here (again): Osage cert petition

 

SCOTUSBlog Petition of the Day: Miccosukee v. Kraus-Anderson

Here. Interesting petition, if for no other reason than the respondent supports the petition (!!!).

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:

 
ETA-the petition was listed as a petition to watch by SCOTUSblog on 1/20 because it will likely be considered by the Justices at their 1/21 conference.

 

Commentary on Cert Denial in Thunderhorse

With no fanfare, the Supreme Court denied cert in Thunderhorse v. Pierce (order list here). Given that it was an unpublished per curiam opinion, we never even knew about it until SCOTUSblog listed it as a petition to watch, and then the Court asked for the views of the Solicitor General on the petition.

In relatively rare circumstances, the Supreme Court will grant certiorari in a case where the lower court has committed what the Court sometimes calls a “gross error.” The classic case is the application of the wrong standard or legal rule in deciding the case. This case is noteworthy because the SG argued (the invitation brief is here) that the Fifth Circuit applied the wrong law, and suggested that the Court could summarily reverse the lower court and remand for application of the correct standard.

Here is the key portion of the Solicitor General’s invitation brief:

Continue reading

Supreme Court Vacates and Remands Madison County v. Oneida

Here is the order.

U.S. v. Jicarilla Apache Materials (so far)

As you know, the Supreme Court granted the government’s cert petition in United States v. Jicarilla Apache Nation. Here are links to materials we’ve collected on the blog over the last few months.

Cert stage briefs

Federal Circuit materials

Justice Kagan has recused.