Ho-Chunk Inc. Cert Petition in Tax Dispute with Nebraska

Here is the petition in HCI Distribution Inc. v. Hilgers:

Questions presented:

I. Under this Court’s decision in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), may a state directly regulate commerce between tribal economic development entities on the tribe’s own reservation lands without a showing of exceptional circumstances?

II. In conducting the balancing test under White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), may a court discount a tribe’s interests in self-determination and self-sufficiency based upon the court’s view of the significance of the tribe’s economic development activities?

III. Did the Eighth Circuit’s modification of the District Court’s injunction effectively rewrite Nebraska’s escrow and bond statutes, substituting the court’s decision for that of the state legislature, in violation of the standards set forth in Ayotte v. Planned Parenthood of New England, 546 U.S. 320 (2006) and other precedents of this Court?

Lower court materials here.

Brief in Opposition

Reply

Utah v. United States Cert Stage Materials

Here:

ALI-CLE: “American Indian Law Developments” w/ Fletcher — Nov. 13, 2024 @ Noon

Here:

Why You Should Attend

From the early 19th century to today, U.S. Supreme Court decisions have significantly shaped the lives and rights of American Indian communities. These rulings impact critical areas like governance, jurisdiction, natural resource management, and religious freedoms. By attending this course, you will gain valuable insights into the legal struggles and triumphs that have defined American Indian history. The program highlights key issues such as tribal sovereignty, land rights, treaty obligations, and cultural preservation, showing how the Supreme Court has influenced the legal landscape of American Indian rights.

What You Will Learn

Attendees will dive into the evolving field of American Indian law with a special focus on U.S. Supreme Court decisions that directly affect tribal sovereignty, land rights, and treaty obligations. With these legal issues becoming increasingly relevant in today’s practice—impacting areas like environmental law and civil rights—understanding the foundational cases and legal challenges faced by Native communities is critical. This course will arm you with the knowledge to address these complex legal questions with confidence and precision.

Questions will be submitted live to the faculty and all registrants will receive downloadable course materials to accompany the program.

Who Should Attend

This course is ideal for attorneys who are interested in or currently practicing in areas that intersect with Native American law. It is particularly valuable for those working in fields related to civil rights, land use, environmental law, and government relations, as well as those involved in representing tribal governments or advocating for Native communities.

Additionally, public officials, policymakers, and educators seeking to broaden their understanding of tribal sovereignty, treaty rights, and the historical context of U.S. Supreme Court decisions impacting Native American law will benefit greatly from the insights provided in this program. Whether you are seeking to enhance your legal practice or simply deepen your knowledge of the complexities of Native American legal issues, this course offers essential learning for anyone committed to justice and equity in this vital area of law.

SCOTUS Denies Cert in San Carlos Apache Tribe v. Arizona

Here is today’s order list.

The petition is here.

National Constitution Center Panel with Richotte and Fletcher TODAY: “Native Americans and the Supreme Court”

Here:

In celebration of Native American Heritage month, Keith Richotte Jr., author of the forthcoming book, The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution and Matthew L.M. Fletcher of the University of Michigan discuss Native American history and law through the stories of landmark Supreme Court cases. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.

Register Here to Attend Online

Federal Cert Opposition Brief in Apache Stronghold

Here:

Cert petition here. Tribal amicus briefs here.

Blast from the Past: Cheyenne River Sioux Tribe Amicus Brief in Solem v. Bartlett

Teaching “Indian country” today. . . .

Authors: Rick West, Susan Williams, Kevin Gover, Art Lazarus, Reid Chambers, and William Perry.

Tribal Amicus Briefs Supporting Cert Petition in Oak Flat Case

Here:

Cert petition here.

San Carlos Apache Tribe v. Arizona Cert Petition

Here:

Questions presented:

(1) Did the Arizona Supreme Court err by determining that 40 C.F.R § 122.29(b)’s new source analysis is satisfied by merely finding a “material connection” between a newly constructed source of polluted discharge and an existing source rather than considering whether the new source operationally depends on the existing source? (2) Did the Arizona Supreme Court err by determining that new source performance standards for copper mines in 40 C.F.R. § 440.104 do not “independently apply” to Resolution’s new mine?

National Constitutional Society Event: Native Americans and the Supreme Court with Keith Richotte and Fletcher — Nov. 4 @ Noon

Here.

In celebration of Native American Heritage month, Keith Richotte Jr., author of the forthcoming book, The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution and Matthew L.M. Fletcher of the University of Michigan discuss Native American history and law through the stories of landmark Supreme Court cases. Jeffrey Rosen, president and CEO of the National Constitution Center, moderates.

Register Here to Attend Online