Supreme Court

SCOTUS Holds Creek Reservation is Indian Country

Matthew L.M. Fletcher

Here is the opinion:

McGirt Opinion

Briefs here.

In a separate order, the Court affirmed Sharp v. Murphy:

Murphy Order

SCOTUS Lifts Stay on Nationwide Pipeline Permit Injunction but Not for Keystone XL

Matthew L.M. Fletcher

Here is the order in United States Army Corps of Engineers v. Northern Plains Resource Council.

Here are the briefs:

US Army Corps Stay Application

Reply

Response

Lower court order here.

SCOTUS CVSGs FMC v. Sho-Ban, Denies Cert in Diné CARE v. BIA

Matthew L.M. Fletcher

Here is today’s order list.

FMC v. Shoshone-Bannock Tribes materials here.

Diné CARE v. BIA materials here.

United States Petitions for Cert in Case Involving Tribal Police Authority to Detain Non-Indians

Matthew L.M. Fletcher

Here is the cert petition in United States v. Cooley:

Cert Petition

Question presented:

Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.

Lower court materials here.

Update:

NCAI Amicus Brief

NIWRC Amicus Brief

Waiver of Response

SCOTUS Denies Cert in Cases Involving Keetoowah Trust Lands and Klamath River Water Rights

Matthew L.M. Fletcher

Here is the order list.

The cases denied were Cherokee Nation v. Bernhardt and Baley v. United States.

Bostock v. Clayton County Opinion

Matthew L.M. Fletcher

Just ‘cuz it seems the SCOTUS webpage is overwhelmed:

Bostock Opinion

NYTs: “Does John Roberts Need to Check His Own Biases?”

Matthew L.M. Fletcher

Here.

Worth a read, and then check out the QuaranTICA webinar on oral arguments!

SCOTUS Denies Cert in Noem v. Flandreau Santee Sioux Tax Case

Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials in Noem v. Flandreau Santee Sioux Tribe.

Cert Petition in Oklahoma Gaming Machines Tax Case

Matthew L.M. Fletcher

Here is the petition in Rogers County Board of Tax Roll Corrections v. Video Gaming Technologies, Inc.:

20200514142407520_Petition for Writ of Certiorari

20200514142428474_Appendix for Petition for Writ of Certiorari

Question presented:

Whether a generally applicable state ad valorem tax, as assessed against personal property owned by a non-Indian, out-of-state corporate entity and leased to a tribe for use in its casino operations, is preempted by the Indian Gaming Regulatory Act and the Court’s “particularized inquiry” balancing test, see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), where the tax does not infringe on any federal regulatory purpose contained in the IGRA, the tax does not interfere with any tribal sovereignty interests, and the tax supports relevant and important government interests, such as law enforcement, schools and health services.

Lower court decision here.

UPDATE:

Tulsa County Assessor Amicus Brief

Cert Opp Brief

Leah Litman on Interruptions of Women Justices in SCOTUS Oral Arguments by Phone

Matthew L.M. Fletcher

Really interesting chart about how often the Chief Justice interrupted RBG, Sotomayor, and Kagan that has a LOT of instances from the McGirt argument.

Here is “Muted Justice” on SSRN.