Supreme Court

Supplemental Briefs in Murphy Case

Matthew L.M. Fletcher

Available on the Carpenter v. Murphy background page, but also here:

petitioner_s supplemental brief

united states supplemental brief

respondent_s supplemental brief

supplemental brief of amicus curiae muscogee creek nation

murphy-supp-reply.pdf

oklahoma-supp-reply.pdf

muscogee-supp-reply.pdf

us-supp-reply.pdf

Oral Argument Transcript in Case on Whether the Dual Sovereignty Exception to the Double Jeopardy Clause Should Continue

Matthew L.M. Fletcher

Worth a read. The federal government’s attorney’s representations about tribal criminal jurisdiction and tribal prerogatives are . . . interesting.

Here is the transcript in Gamble v. United States.

The docket page is here.

The NWIRC and NCAI brief is here: NIWRC Amicus Brief

SG Recommends Denial in Osage Wind and Ute Tribal Exhaustion Cases

Matthew L.M. Fletcher

Here is the government’s invitation brief in Harvey v. Ute Indian Tribe:

SG Brief [Ute]

Here is the government’s brief in the Osage Wind matter:

SG Brief [Osage]

SCOTUS Orders Additional Briefing in Murphy Case

Matthew L.M. Fletcher

Here is the order.

Background materials here.

Brief Commentary on Carpenter v. Murphy

Ann Tweedy

I was interviewed by Tulsa Public Radio Station KWGS last week. A short summary is here.

New Paper on Defending Morton v. Mancari

Victoria Sweet

Andrew Huff and Tim Coulter have released “Defending Morton v. Mancari and the Constitutionality of Legislation Supporting Indians and Tribes”.

Quote from the article

Supporting and defending the Mancari decision and the rule that it stands for – that laws benefiting tribes are not unconstitutional racial classifications – is a very high priority, perhaps the most urgent and important Indian law issue of our time. This paper reviews the decision in Mancari and the law leading up to and following it. We then turn to a discussion of the present challenges to the Mancari rule. In Part V, we suggest possible ways to support the decision and its rationale, and we discuss some additional legal arguments and approaches for defending the constitutionality of legislation benefiting tribes.

PDF of paper below and paper is available for download here 

Mancari 11-19

 

WaPo Op-Ed (Rebecca Nagle): “Half the land in Oklahoma could be returned to Native Americans. It should be.”

Matthew L.M. Fletcher

Here.

Oral Argument Transcript in Carpenter v. Murphy

Matthew L.M. Fletcher

Here.

Background materials on the case here.

Opposition Briefs in Stand Up For California v. Dept. of Interior

Matthew L.M. Fletcher

Here:

North Fork Rancheria Opposition Brief

US Opposition Brief

UPDATE 12/12/18): Reply

Cert petition here.

Atlantic Profile on the Murphy Case: “Who Owns Oklahoma?”

Matthew L.M. Fletcher

Here.