SCOTUS Denies Cert in Apache Stronghold v. US over Lengthy Gorsuch Dissent

Here is today’s order list, with the dissent beginning on page 6.

An excerpt:

While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations. Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less. They may live far from Washington, D. C., and their history and religious practices may be unfamiliar to many. But that should make no difference. “Popular religious views are easy enough to defend. It is in protecting unpopular religious beliefs that we prove this country’s commitment to . . . religious freedom.” Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 584 U. S. 617, 649 (2018) (GORSUCH, J., concurring).

Prior posts here,

SCOTUS Denies Cert in Tribal Court Jurisdiction Cases

Here is today’s order list.

The denied petitions are Lexington Ins. Co. v. Suquamish Tribe and Lexington Ins. Co. v. Mueller.

Maverick Gaming LLP v. United States Cert Petition

Here:

Questions presented:

Whether Rule 19 requires dismissal of APA suits challenging federal agency action whenever a nonparty who benefited from that action asserts sovereign immunity.

Lower court materials here.

Arizona DCT Stays Oak Flat Land Transfer Pending SCT Cert Decision

Here are the materials in Apache Stronghold v. United States (D. Ariz.):

150 Motion for Emergency Stay

156 Copper Company Response

157 Federal Response

162 Reply ISO 150

170 DCT Order

SCOTUS Denies Cert in Sault Tribe Trust Acquisition Case

Here is today’s order list.

Cert stage briefs here.

SCOTUS Denies HCI Tax Petition

Here is today’s order list.

Cert stage materials in HCI Distribution Inc. v. Hilgers are here.

Tribal Orgs Amicus Brief on the Misuse of the History of Indian Boarding Schools

Here is the brief in Oklahoma Statewide Charter School Board v. Drummond:

Federal BIO in Sault Tribe Gaming Lands Case

Here is the brief in Sault Ste. Marie Tribe of Chippewa Indians v. Burgam:

Cert petition here.

South Point Energy v. Arizona DOR Cert Petition

Here is the petition in South Point Energy Center LLC v. Arizona Dept. of Revenue:

Lower court materials here.

Arizona BIO

SCOTUS Denies Bibeau v. Commissioner

Order list here.

Just goes to show that there really is no opportunity for Indian people or tribal nations to persuade the federal judiciary to correct its past mistakes. There is no room for long-term litigation strategies.

Petition here.

The clown motel thing is not a reflection on the Court, this pic just has the word “tax” in it.