Supreme Court

California Indian Law Association Files FOIA Suit over SG’s Confession of Error over Tee-Hit-Ton and Sandoval Cases

Matthew L.M. Fletcher2 Comments

Here is the complaint in California Indian Law Association v. Dept. of Justice (D. D.C.):

2015-04-10 ECF 1 complaint

An excerpt:

On April 8, 2011, at the 36th Annual Indian Law Conference of the Federal Bar Association, in New Mexico, a video recording was presented to all attendees consisting of a speech by Neal Katyal in his capacity as the Acting Solicitor General of the United States (“ASG”) (hereinafter, “Katyal Speech”). The Katyal Speech involved an apology or confession of error for misrepresentations by the OSG to the U.S. Supreme Court in United States v. Sandoval, 231 U.S. 28 (1913), and Tee-Hit-Ton Indians v. United States, 348 U.S. 272 (1955), and background regarding United States v. Tohono O’odham Nation, 131 S. Ct. 1723 (2011), and United States v. Jicarilla Apache Nation, 131 S. Ct. 2313 (2011), which were both then pending before the Supreme Court.

Update:

For a limited time you can download the video of the presentation here.

SCOTUS Denies Cert in CashCall v. Inetianbor

Matthew L.M. Fletcher

Here is the order list.

We posted the cert stage briefs here.

Lower court materials here.

District court materials here.

CashCall v Inetianbor is SCOTUSBlog Petition of the Day

Matthew L.M. Fletcher

Here.

Materials here.

SCOTUS Denies Cert in Yakama Indian Nation v. McKenna

Matthew L.M. Fletcher

Here is today’s order list.

The cert petition is here.

SCOTUS Declines Review of Stockbridge-Munsee Land Claims Dismissal; Also Native Wholesale Supply Petition against Oklahoma

Matthew L.M. Fletcher

Here is the order list for today.

The Stockbridge petition is here.

Western Sky Financial v. Jackson Cert Stage Materials

Matthew L.M. Fletcher1 Comment

Here:

Western Sky v Jackson Cert Petition

Jackson Cert Opp Brief

Western Sky Cert Stage Reply

Questions presented:

I. Whether the validity of an arbitration clause is determined exclusively by the statutory requirements of the Federal Arbitration Act (“FAA”), as held by the First, Fourth, Fifth, and Eleventh Circuits – or by a common-law “reasonableness” test, as held by the Seventh Circuit below?

II. Whether a court may apply a state law defense in a manner that disfavors arbitration by voiding an entire arbitration clause merely because the contractually-designated arbitrator is unavailable, notwithstanding the FAA’s express directive to appoint a substitute arbitrator?

III. Whether the Seventh Circuit erroneously – and in conflict with the Second and Eighth Circuits – required a non-tribal-member’s physical entry onto the relevant Indian reservation in connection with a transaction with a tribal member before ordering tribal court exhaustion of judicial claims arising from the transaction?

Lower court materials here.

Gatzaros’ Cert Petition against Sault Tribe Denied

Matthew L.M. Fletcher

Here is today’s order list.

We posted the petition and related materials here.

Stockbridge-Munsee Cert Stage Reply

Matthew L.M. Fletcher

Here:

2-10-15 Stockbridge ReplyBr. No.14-538

Confederated Tribes and Bands of the Yakama Indian Reservation v. McKenna Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

cert petition

Question presented:

Whether federal courts called upon to enforce Indian treaty protections in tribal challenges to State regulation may enter judgment against the Indian Tribe without considering evidence and entering findings of fact on the Indians’ understanding of the United States’ treaty promises.

Lower court materials here.

Supreme Court Cert Opposition Briefs in Stockbridge-Munsee Land Claim

Matthew L.M. Fletcher

Here (thanks to the Supreme Court Project page):

State of New York Brief in Opposition

Oneida Indian Nation Brief in Opposition

The petition is here.