Amicus Brief of NCAI in Census Case

Here is the National Congress of American Indians’ (“NCAI”) Amicus Brief in Trump v. New York, which is being argued today and addresses whether unauthorized immigrants should now be excluded from the Census count.

From the brief:

Multiple amici argue, in effect, that unauthorized immigrants are not “persons” to be counted for purposes of apportionment. Because the United States once tried to argue that American Indians were not “persons” under the law, amicus NCAI is compelled to refute these arguments.

….

These arguments are inconsistent with the Constitution’s text and history. Worse still, in a nation where “all persons are created equal,” Matthews v. Lucas, 427 U.S. 495, 516 (1976) (Stevens, J., dissenting), see also Declaration of Independence ¶ 2 (“We hold these truths to be self-evident, that all men are created equal. . . .”), these attempts to deny the very personhood of unauthorized immigrants are morally bankrupt.

SCOTUS Grants U.S. v. Cooley

Here is the order list for today.

Here are the cert stage briefs.

Here are the lower court materials.

Jonodev Chaudhuri on McGirt in the Harvard Law Review

Jonodev Chaudhuri has published “Reflection on McGirt v. Oklahoma” in the Harvard Law Review Forum.

Harvard Law Review Case Comment on McGirt v. Oklahoma

Here.

SCOTUS Denies Cert. in Muckleshoot v. Tulalip

Here is today’s order list.

Here are the materials.

Cert Stage Briefs in United States v. Cooley

Here:

Cert Petition

Respondent Brief in Opposition to Petition for a Writ of Certiorari

Cooley Cert Reply

Federal Govt. Brings Cert Petition on CARES Act Funding Eligibility

Here is the petition in Mnuchin v. Confederated Tribes of the Chehalis Reservation:

Mnuchin v Chehalis Cert Petition

Question presented:

Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1).

The Alaska Native Corps petition is here.

Lower court materials here.

Alaska Native Corps Cert Petition on CARES Act

Here is the petition in Alaska Native Village Corporations Assn. v. Mnuchin:

Alaska Native Corps Cert Petition

Questions presented:

Whether ANCs are “Indian tribes” under ISDEAA and therefore are eligible for emergency-relief funds under Title V of the CARES Act.

Lower court materials here.

Ysleta del Sur Pueblo v. Texas Cert Petition

Here:

Ysleta Cert Petition

Question presented:

Whether the Restoration Act provides the Pueblo with sovereign authority to regulate non-prohibited gaming activities on its lands (including bingo), as set forth in the plain language of Section 107(b), the Act’s legislative history, and this Court’s holding in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), or whether the Fifth Circuit’s decision affirming Ysleta I correctly subjects the Pueblo to all Texas gaming regulations.

Lower court materials here.

Update:

Texas Brief in Opposition

Reply

SCOTUS Denies Cert in Oklahoma Tax Case But Justice Thomas Offers a Few Fearmongering Words About McGirt

Here is the statement on the denial of cert in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

Justice Thomas Statement on Denial of Cert

Here are the cert stage materials in Rogers.