Cert Stage Briefs in Eastern Shoshone/Northern Arapaho Tribes v. Wyoming

Here:

northern arapaho tribe – cert petition

eastern shoshone tribe v. wyoming — cert. petition

amicus brief of ncai nos. 17-1159 and 17-1164

law profs amicus brief

us brief in opposition

riverton and fremont brief in opposition

wyfb brief in opposition

reply brief

Lower court materials in State of Wyoming v. EPA here.

SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

Here is the opinion.

From Justice Gorsuch’s opinion:

Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from in personam lawsuits and “establish[ing] the princi­ple that . . . courts have subject matter jurisdiction over in rem proceedings in certain situations where claims of sovereign immunity are asserted.” 187 Wash. 2d, at 868, 389 P. 3d, at 574.

That was error. Yakima did not address the scope of tribal sovereign immunity. Instead, it involved only a much more prosaic question of statutory interpretation concerning the Indian General Allotment Act of 1887. See 24 Stat. 388.

***

We leave it to the Washington Supreme Court to address these arguments in the first instance. Although we have discretion to affirm on any ground supported by the law and the record that will not expand the relief granted below, Thigpen v. Roberts, 468 U. S. 27, 30 (1984), in this case we think restraint is the best use of discretion. Determining the limits on the sovereign immunity held by Indian tribes is a grave question; the answer will affect all tribes, not just the one before us; and the alternative argument for affirmance did not emerge until late in this case. In fact, it appeared only when the United States filed an amicus brief in this case—after briefing on certiorari, after the Tribe filed its opening brief, and after the Tribe’s other amici had their say. This Court has often declined to take a “first view” of questions that make their appearance in this posture, and we think that course the wise one today. Cutter v. Wilkinson, 544 U. S. 709, 718, n. 7 (2005).

Background materials here.

SCOTUS Grants Royal v. Murphy

Here is today’s order list.

Here are the cert stage materials.

WSBA Indian Law Section CLE Supreme Court Panel

Mary Neil, Pratik Shah, and Kristin Ballinger

SCOTUS Asks for Views of the Solicitor General in Osage Wind LLC v. Osage Minerals Council

Here is today’s order list.

Here are the cert stage materials so far.

SCOTUS Denies Cert in New Mexico Public Service Co. v. Barboan

Yesterday’s order list is here.

Case materials are here.

After the Culverts Argument on Wednesday

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Mildly Interesting SCOTUS Development: Bearcomesout Cert Petition

Here is the petition in Bearscomesout v. United States:

bearcomesout cert petition

Question presented:

Whether the “separate sovereign” concept actually exists any longer where Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s Constitution in this case such that Petitioner’s prosecutions in both tribal and federal court violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

The Ninth Circuit’s unpublished opinion is here. We posted briefs in this case because the federal appellate defender characterized this case as a direct challenge to the applicability of the dual sovereign exception to double jeopardy as applied to Indian tribes.

SCOTUSBlog notes this case has been relisted, perhaps because a justice wants to write a dissent from denial of certiorari (Justice Thomas anyone?), but who knows?

Culverts Case Oral Argument Transcript

Here.

Culverts case background materials here.