Supreme Court

SCOTUS Denies Cert in Penobscot and Yakama Cases

Matthew L.M. Fletcher

Here is today’s order list.

Here are the materials in Penobscot Nation v. Frey.

Here are the materials in in Klickitat County v. Confederated Tribes and Bands of the Yakama Nation.

Snoqualmie v. Washington Cert Petition

Matthew L.M. Fletcher

Here:

Snoqualmie Cert Petition.pdfDownload

Questions presented:

  1. Whether the federal courts have the constitutional authority to unilaterally abrogate all rights guaranteed to an Indian tribe under a treaty with the United States absent congressional action.
  2. Whether the Ninth Circuit erred by applying issue preclusion to hold that Snoqualmie was not a party to the Treaty even though the Executive Branch expressly recognizes Snoqualmie as a Treaty party.

Lower court materials here.

Amicus briefs in support of the petition:

Indian Law Scholars Amicus Brief.pdfDownload
Sauk-Suiattle Amicus Brief.pdfDownload
Cougar Den Amicus Brief.pdfDownload

Bottom Side Briefs in Oklahoma v. Castro-Huerta

Matthew L.M. Fletcher

Here:

respondents-brief-1Download

United States Amicus Brief

Five Tribes Amicus Brief

NCAI Amicus Brief

Former US Attys Amicus Brief

Peace Commission Treaty Tribes Amicus Brief

NIWRC Amicus Brief

Scholars Amicus Brief

Topside briefs here.

Becker v. Ute Indian Tribe Cert Petition

Matthew L.M. Fletcher

Here:

Becker Pet. for Cert..pdfDownload

Questions presented:

Whether a federal court may force a non-consenting, non-Indian plaintiff to exhaust his claims in tribal court when the defendant tribe has expressly consented by contract to federal or state court jurisdiction and waived both sov- ereign immunity and tribal exhaustion.

Whether a state court may adjudicate a contractual dispute between a tribe and a non-Indian where the tribe has provided specific contrac- tual consent to state court jurisdiction; or in- stead, whether the Constitution or laws of the United States prohibit such exercises of state court jurisdiction unless the State has assumed general civil jurisdiction over tribal territory under Sections 1322 and 1326 of Title 25.

Circuit split?

Lower court materials here.

Update:

Brief in Opposition.pdfDownload
Becker Reply Brief.pdfDownload

Albrecht v. County of Riverside Cert Petition [Leasing Regs + Taxation Preemption]

Matthew L.M. Fletcher

Here:

albrecht-cert-petitionDownload

Lower court materials here.

Questions presented:

  1. Do the federal regulations governing the leasing of Indian lands preempt state and local governments
    from taxing the leasehold interest conveyed by the regulated leases?
  2. Does the express preemption provision of the Indian Reorganization Act of 1934—which prohibits
    state taxes on “any interest in lands” that the government “acquire[s] pursuant to this Act … in trust
    for [an] Indian tribe or individual Indian”—apply when the government acquires extended trust rights
    pursuant to the Act?

SCOTUS Denies Cert in Shingle Springs Miwok Matter

Matthew L.M. Fletcher

Here is Monday’s order list.

The Court denied cert in Caballero v. United States, lower court materials here.

The tribe described an earlier incarnation of this case as “sovereign identity theft.”

SCOTUS Denies Two Indian Law Related Petitions

Matthew L.M. Fletcher

Here is today’s order list.

The Court denied Samish v. Washington, an effort by the tribe to assert treaty rights, and Hawkins v. Haaland, a challenge to the Klamath Tribes’ regulation of the Klamath River.

Our Overworked Supreme Court

Native America Calling Episode on the Supreme Court Tomorrow (3/9/22)

Matthew L.M. Fletcher

Here.

Strict Scrutiny Podcast Episode on the Denezpi Argument: “Indian Law Hall of Fame”

Matthew L.M. Fletcher

Here.

Blurb: “Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher(Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!?”