Supreme Court

Strict Scrutiny Podcast Recap of Denezpi and Ysleta Decisions

Matthew L.M. Fletcher

Here, starting around 18:15, right after the Leeroy Jenkins discussion.

Leeroy Jenkins starts around 1:23 in this YouTube video.

SCOTUS Denies Cert in 1 Indian Law Case

Matthew L.M. Fletcher

Here is today’s order list.

The denied petition is Acres Bonusing Inc. v. Marston — cert stage briefs here:

Acres Bonusing Cert Petition

Opposition

Reply

Lower court materials here.

SCOTUS Rules in Favor of Tribal Gaming in Ysleta del Sur Pueblo v. Texas

Matthew L.M. Fletcher

Here.

Briefs and things here.

States’ Cert Petition in Navajo Nation Water Rights Case

Matthew L.M. Fletcher

Here is the petition in Arizona v. Navajo Nation:

arizona-v.-navajo-cert-petitionDownload

Questions presented:

I. Does the Ninth Circuit Opinion, allowing the Nation to proceed with a claim to enjoin the Secretary to develop a plan to meet the Nation’s water needs and *ii manage the mainstream of the LBCR so as not to interfere with that plan, infringe upon this Court’s retained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California?

II. Can the Nation state a cognizable claim for breach of trust consistent with this Court’s holding in Jicarilla based solely on unquantified implied rights to water under the Winters Doctrine?

Lower court materials here.

Adams v. Dodge Cert Petition

Matthew L.M. Fletcher

Here:

21- Petition.pdfDownload

Questions presented:

1. Whether federal plaintiffs seeking to challenge their non-federal prosecution on the basis of bad faith face a heightened pleading standard.

2. Whether actions taken by the clerk of a non-federal court to impede review of a habeas petition obviate the petitioner’s need to further exhaust remedies in that court.

Lower court materials here.

SCOTUS Denies Cert in Indian Tax Case — Albrecht v. Riverside County

Matthew L.M. Fletcher

Here is yesterday’s order list.

Cert petition here.

Amicus brief:

Amici Brief Twenty-Nine Palms.pdfDownload

SCOTUSBlog Recap of Castro-Huerta Oral Argument

Matthew L.M. Fletcher

Here is “With historical promises in mind, justices weigh state criminal jurisdiction in Indian country.”

Previews of the case are here.

Background materials are here.

A Little More Hype for the Castro-Huerta Argument Today—Greg Ablavsky’s “Oklahoma’s Bizarro Nineteenth Century in Castro-Huerta”

Matthew L.M. Fletcher

Here.

Yeah, I doubt Greg was thinking of this Bizarro, but the reverse-Superman Bizarro is too creepy.

Preview of Tomorrow’s Argument in Oklahoma v. Castro-Huerta

Matthew L.M. Fletcher

Background materials on the case here.

SCOTUSBlog preview (by Fletcher): “In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country“

Atlantic (by Rebecca Nagle and Allison Herrera): “Where Is Oklahoma Getting Its Numbers From in Its Supreme Court Case?“

NonDoc: “SCOTUS to hear state’s McGirt challenge in Oklahoma v. Castro-Huerta“

Boston Review (by Mary Kathryn Nagle and Emma Lower): “What Will It Take to End Violence Against Native Women?“

Yes, Spirit is set to argue for the defense. . . .

SCOTUS Denies Cert in Two Indian Fishing Cases

Matthew L.M. Fletcher

Here is today’s order list.

The court denied cert in Scudero v. Alaska (cert stage materials) and Snoqualmie v. Washington (cert stage materials).

Where cert petitions go to die — U.S. Supreme Court interiors. Corridor, U.S. Supreme Court