Cert Opposition Briefs in Coachella v. Agua Caliente

Here:

Agua Caliente Cert Opp

US Cert Opp

Cert petition here.

Herrera v. Wyoming Cert Petition

Here:

2017-10-05 Herrera Cert Petition

Question presented:

Whether Wyoming’s admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians’ 1868 federal treaty right to hunt on the “unoccupied lands of the United States,” thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family.

 

The Onion: “Supreme Court Justices Gather In Chambers To Receive Latest Mission From Large Talking Head Of Justice John Marshall”

Here.

An excerpt, quoting Chief Justice Marshall: “Remember: The fate of federal shipping regulation depends upon you!”

SCOTUS Asks for Views of Solicitor General in Cougar Den Case; Cert Denied in Petitions involving Poarch Band Creek and Ute Indian Tribe

Here is the order list.

Here are the materials in Washington State Dept. of Licensing v. Cougar Den Inc.

Here are the materials in Hackford v. Utah. He didn’t post Williams v. Poarch Band because it was a pro se petition.

Tavares v. Whitehouse Cert Petition (United Auburn Indian Community Banishment)

Here:

Cert Petition

Question presented:

This case presents a question that divides the circuits: Should the “detention” requirement for habeas review under the ICRA be construed “more narrowly than” the “custody” showing required under other federal habeas statutes?

Lower court materials here.

UPDATE (10/27/17): Amicus Brief

Brief in Opposition

Reply

Tribal Supreme Court Webinar Today at 2PM Eaastern

Please Join the Tribal Supreme Court Project for the Webinar, “Indian Country, the Supreme Court, and the Long Conference” – Monday, September 25, 2017 at 2:00 p.m. Eastern

On September 25, the United States Supreme Court will hold its “long conference” where the justices consider all of the petitions for certiorari that have gathered during the summer recess. This effort will set much of the docket for the coming term. There are a number of petitions on matters in federal Indian law.

The Tribal Supreme Court Project will hold a webinar on September 25 at 2:00 p.m. (Eastern) to review these pending certiorari petitions and discuss the importance of the certiorari process.

The webinar will:

Provide an overview of how the certiorari process works;

Review both the granted and pending cert cases that affect issues in federal Indian law, with brief discussions by the attorneys representing tribal governments; and

Review the principles of the Tribal Supreme Court Project and discuss how tribes can work together to improve our odds of success before the United States Supreme Court.

You can register: here

You can find a list of all the pending cert petitions: here

For additional information please contact NCAI General Counsel John Dossett at jdossett@ncai.org or NARF Senior Staff Attorney Joel Williams at williams@narf.org.

Cert Stage Filings In S.S. v. CRIT (ICWA Case)

This is the cert petition from the Arizona Court of Appeals decision applying ICWA to step-parent or third party adoptions, where Dad attempted to terminate Mom’s rights so Step-Mom could adopt children.

Cert petition filed by the Goldwater Institute purportedly on behalf of the children.

Amicus in Support of the Cert Petition filed by the Pacific Legal Foundation

Brief in Opposition filed by the Colorado River Indian Tribes

Goldwater Reply

 

 

Scholars Amicus Brief in Patchak v. Zinke

Here:

16-498 bsac Fed. Cts. and Indian Law Scholars

Background materials here.

Upper Skagit Cert Petition in In Rem Tribal Immunity Matter

Here is the petition in Upper Skagit Indian Tribe v. Lundgren:

Cert Petition

Question presented:

Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

Lower court materials here.

UPDATE:

Cert Opp

Reply

Tribal and Federal Merits Briefs in Patchak v. Zinke

Here:

US Merits Brief

Gun Lake Merits Brief

Other briefs here.