Supreme Court – Page 50

Since 1831, Indian nations have been viewed as Domestic Dependent Nations located within the geographical boundaries of the United States. Although Chief Justice John Marshall acknowledged that Indian nations had a certain amount of sovereignty, the exact extent of such sovereignty as well as the place of tribes within the federal system has remained ill-defined. This Article examines what has been the role of the Supreme Court in integrating Indian nations as the third Sovereign within our federalist system. The Article accomplishes this task by examining the Court’s Indian law record in the last 30 years. The comprehensive survey of Indian law decisions indicates that the Court has had difficulties upholding the federal policy of respecting tribal sovereignty and encouraging tribal self-government. After categorizing the cases between victories and losses, the Article divides the cases into four categories: Federal common law, statutory interpretation, constitutional law, and procedural law. The cases are then further divided into four general areas: 1. Tribal Sovereign/Political rights, 2. Economic Rights (treaty/property rights), 3. Rights derived from the trust relationship, and 4. Cultural/Religious rights.

The Article next focuses on the interaction between the Court and Congress concerning the incorporation of tribes as the third sovereign within the federalist system. This Part first evaluates Congress’s response to Supreme Court cases and then looks at the Court’s response to congressional legislation. The Article ends by arguing that through its disproportionate use of federal common law in its Indian law decisions, the Court has not attempted to reach a consensus with Congress about the place of Indian nations within our federalism. Instead, it has aimed to establish what the Court perceives should be the proper equilibrium between tribal interests on one hand and the non-Indian/state interests on the other.

ProPublica: “It’s a Fact: Supreme Court Errors Aren’t Hard to Find”

October 17, 2017Matthew L.M. Fletcher

Here.

Donald Trump is an Asshole

October 16, 2017Matthew L.M. Fletcher1 Comment

Here: “Trump Predicts Justices Ginsburg And Sotomayor Will Die During His Presidency.”

Cert Opposition Briefs in Coachella v. Agua Caliente

October 16, 2017October 16, 2017Matthew L.M. Fletcher

Here:

Agua Caliente Cert Opp

US Cert Opp

Cert petition here.

Herrera v. Wyoming Cert Petition

October 11, 2017October 11, 2017Matthew L.M. Fletcher

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”

October 9, 2017Matthew L.M. Fletcher

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

October 2, 2017October 2, 2017Matthew L.M. Fletcher

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)

September 27, 2017March 26, 2018Matthew L.M. Fletcher1 Comment

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

Tribal Supreme Court Webinar Today at 2PM Eaastern

September 25, 2017Matthew L.M. Fletcher1 Comment

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.