Current Utah law prof Alex Skibine and Melanie Beth Olivero published a scathing critique of the Supreme Court’s decision in Oliphant v. Suquamish Indian Tribe in the American Indian Journal:
American Indian Journal article
Of particular note is the prediction that non-Indian crime would go unpunished.
Marcia Coyle reported on what happened after the Supreme Court held that the tribal court had exclusive jurisdiction over the twins. Here is that article:
The cert petition is here.
Here.
Here:
Questions presented:
1. Whether the Majority Opinion of the United States Court of Appeals for the Sixth Circuit conflicts with the decisions of this Supreme Court and other Circuit Courts of Appeals, thereby changing the well-established rules of contract construction which require specific contract provisions govern over general provisions to resolve disputes caused by two conflicting contract provisions?
2. Whether the Majority Opinion is in direct conflict with the decisions of this Supreme Court, other Circuit Courts of Appeals and the fundamental rules of contract construction which require the application of extrinsic evidence when there is an ambiguity caused by conflicting contractual language?3. Whether the Majority Opinion, in upholding the judicial rewriting of paragraph 8 of the Guaranty, is in direct conflict with the decisions of this Supreme Court and the other Circuit Courts of Appeals which have held the courts must give effect to contracts as written by the parties, and cannot rewrite them?4. Whether the Majority’s failure to find the Respondents waived their contract defenses contradicts established case law in the other Circuit Courts of Appeals that a guaranty is a contract which must be enforced as written?
5. Whether the Majority’s Opinion conflicts with the well-settled standard for reviewing a Motion to Dismiss under Fed.Civ. R. 12(b)(6) when it failed to view the facts in the light most favorable to the Petitioners or accept their well-pled allegations?
Lower court materials here.
Here is “The Echo Chamber.”
An excerpt:
The rise of the Supreme Court specialty bar is not universally embraced by the profession. But it is by the justices. Two, in particular, lamented the refusal of some criminal defense lawyers to turn over high court cases to specialists.
“It is as if they are arguing with one hand tied behind their back,” Kagan said.
Said Justice Sonia Sotomayor: “I think it’s malpractice for any lawyer who thinks this is my one shot before the Supreme Court and I have to take it.”
SCOTUSBlog interviewed Joan Biskupic, who led the reporting team.
Here:
Question presented:
The question presented is whether sovereign immunity bars an American Indian tribe from seeking Ex parte Young relief from the unconstitutional enforcement of a state tax scheme merely because that relief might require refunds for taxes unlawfully collected in the future.
Lower court materials and my commentary here.
Here:
Friends of Amador County v. Jewell
14-340
Issue: Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. § 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.
We posted on this matter here.
Also, the petition was yesterday’s petition of the day.
Turtle Talk 
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