Supreme Court – Page 74

SCOTUS Blog has posted a great round-up of the commentary so far on the oral arguments in Obergefell vs. Hodges, heard Tuesday morning. Obergefell is the same-sex marriage case currently before the Supreme Court, in which the Court is slated to decide both whether states may prohibit same-sex couples from marrying and whether they may refuse to recognize same-sex marriages performed in other jurisdictions. The arguments appear to have been a mixed bag, with many inferring that Justice Kennedy, who will almost certainly be the swing vote, is still deciding. I found this piece on the oral arguments by Lyle Denniston helpful and interesting. As for what a pro-same-sex marriage decision from the Court would mean for tribes, the short answer is that it wouldn’t be binding but most likely would be seen as strong persuasive authority in most tribal courts. Here’s a short article by Anthony Broadman on that issue (which also quotes my forthcoming law review article). And, somewhat relatedly, Indian Country Today has just published an article on the journeys of the Suquamish and Little Traverse Tribes toward marriage equality.

SCOTUS Denies Cert in Western Sky v. Jackson

April 27, 2015Matthew L.M. Fletcher

Here is the order list.

Cert stage briefs are here.

Lower court materials here.

SCOTUS Holds FTCA’s Time Bars are Subject to Equitable Tolling

April 22, 2015April 22, 2015Matthew L.M. Fletcher

Here is the opinion in United States v. Kwai Fun Wong. An excerpt:

The Federal Tort Claims Act (FTCA or Act) provides that a tort claim against the United States “shall be forever barred” unless it is presented to the “appropriate Federal agency within two years after such claim accrues” and then brought to federal court “within six months” after the agency acts on the claim. 28 U. S. C. §2401(b). In each of the two cases we resolve here, the claimant missed one of those deadlines, but requested equitable tolling on the ground that she had a good reason for filing late. The Government responded that §2401(b)’s time limits are not subject to tolling because they are jurisdictional restrictions. Today, we reject the Government’s argument and conclude that courts may toll both of the FTCA’s limitations periods.

Stop the Casino 101 Coalition v. Brown Cert Petition

April 21, 2015April 20, 2015Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Questions presented:

1. Does the federal government have the unilateral power to alter California’s historic territorial jurisdiction and transfer that jurisdiction to an Indian tribe?

2. If the answer to the first question is affirmative, should a federal statute restoring tribal recognition and authorizing the United States to accept fee title to unspecified private lands within California’s borders be construed as transferring territorial jurisdiction from the state to the tribe when the statutory language is silent on that subject?

3. Can a state’s territorial jurisdiction shift by implication, or is an express, unequivocal acceptance of jurisdiction required under 40 U.S.C. § 3112?

Lower court materials here.