Supreme Court – Page 48

Supreme Court Affirms Dismissal of Suit in Patchak v. Zinke

February 27, 2018Kate Fort2 Comments

Opinion here.

THOMAS, J., announced the judgment of the Court and delivered an opinion, in which BREYER, ALITO, and KAGAN, JJ., joined. BREYER, J., filed a concurring opinion. GINSBURG, J., filed an opinion concurring in the judgment, in which SOTOMAYOR, J., joined. SOTOMAYOR, J., filed an
opinion concurring in the judgment. ROBERTS, C. J., filed a dissenting opinion, in which KENNEDY and GORSUCH, JJ., joined.

***

Petitioner, David Patchak, sued the Secretary of the
Interior for taking land into trust on behalf of an Indian
Tribe. While his suit was pending in the District Court,
Congress enacted the Gun Lake Trust Land Reaffirmation
Act (Gun Lake Act or Act), Pub. L. 113–179, 128 Stat.
1913, which provides that suits relating to the land “shall
not be filed or maintained in a Federal court and shall be
promptly dismissed.” Patchak contends that, in enacting
this statute, Congress impermissibly infringed the judicial
power that Article III of the Constitution vests exclusively
in the Judicial Branch. Because we disagree, we affirm
the judgment of the United States Court of Appeals for the
District of Columbia Circuit.

Previous posts here.

Eastern Shoshone Tribe v. Wyoming Cert Petition

February 23, 2018March 28, 2018Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

Whether Congress clearly intended in 1905 to di- minish the Wind River Reservation in Wyoming, home to the Eastern Shoshone Tribe.

Lower court materials here.

UPDATE:

indian law profs amicus

SCOTUS Denies Cert in ICWA and Tribal Jurisdiction Matters

February 20, 2018February 20, 2018Matthew L.M. Fletcher

Here is today’s order list. The Court denied cert in Renteria v. Superior Court & Norton v. Ute Indian Tribe.

Supreme Court Cert Stage Briefing in R.K.B. v. E.T.

February 19, 2018February 18, 2018Kate Fort

As a reminder, this is the cert petition regarding the very long Utah Supreme Court decision which held there is a federal reasonableness standard for determining whether an unwed father is a parent under ICWA. That decision is here.

Another reminder–there are generally no cert stage amicus briefs filed in opposition to a cert petition. And a cert petition is just asking the Supreme Court to take the case. It doesn’t mean the Court has taken the case.

RKB Petition for Certiorari

R.K.B. NCFA Amicus ISO Cert Final

R.K.B. v. E.T. FINAL AMICUS BRIEF AAAA

Amicus Brief- Utah Adoption Council

Amicus Curiae Brief Goldwater

R.K.B v. E.T. Brief in Opposition

Royal v. Murphy Cert Petition (Death Penalty & Muscogee Reservation Boundaries)

February 7, 2018April 23, 2018Matthew L.M. Fletcher2 Comments

Here:

Cert Petition

Question presented:

Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).

Lower court materials here.

UPDATE:

Environmental Federation Of Oklahoma Inc Amicus Brief

OIPA Amicus Brief

US Amicus Brief Royal v. Murphy

Murphy BIO FINAL

No. 17-1107 Murphy Reply — Final

SCOTUS Denies Cert in Alaska v. Ross (ESA seal listing)

January 22, 2018Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials here.

SCOTUS Denies Cert in Lewis Tein PC v. Mikkosukee

January 17, 2018January 17, 2018Matthew L.M. Fletcher1 Comment

Here is yesterday’s order list.

Petition stage materials here.

SCOTUS Denies Cert in Navajo Tribal Court Jurisdiction & Wampanoag Gaming Matters; Issues CVSG in Crow Hunting Case

January 8, 2018January 8, 2018Matthew L.M. Fletcher

Here is today’s order list.

The Court denied cert in Window Rock Unified School District v. Reeves (cert materials here); Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (cert petition here); and Red Bear v. SESDAC (lower court decision here).

The Court called for the views of the Solicitor General in Herrera v. Wyoming (cert stage materials here).