The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation and Sauk-Suiattle Tribe v. City of Seattle.
Supreme Court
Federal and Tribal Briefs in Opposition in Klamath Irrigation District v. Bureau of Reclamation
UConn Law Review Symposium — Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience [October 6, 2023]
Here:
The Connecticut Law Review invites you to their 2023 symposium: Interrogating Haaland v. Brackeen: Family Regulation, Constitutional Power, and Tribal Resilience The litigation that led to Haaland v. Brackeen threatened to take down not only the Indian Child Welfare Act, but vast swaths of federal Indian policy and federal law. Instead, the Supreme Court’s decision left ICWA unscathed and affirmed the constitutional relationship between tribal nations and the United States. But threats to Native families and tribal sovereignty continue. Native children continue to be removed from their communities by a market for adoptable children. A handful of states and interest groups continue to seek ways to challenge tribal authority and federal laws that support it. And because the Supreme Court held that the Brackeen plaintiffs lacked standing to raise their equal protection challenges to ICWA, those claims can be raised another day. Leading scholars, attorneys, and tribal leaders will explore these and other issues raised by the decision in this symposium.
United States Seeks SCOTUS Review of Decisions Awarding Contract Support Costs to Tribal Health Clinics
Here is the petition in Beccera v. Northern Arapaho Tribe:
Question presented:
Whether IHS must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties.
Lower court materials here.
Here is the petition in Beccera v. San Carlos Apache Tribe:
The question presented is the same in both cases.
Lower court materials here.
Second Klamath Irrigation District v. Bureau of Reclamation Cert Petition [McCarren Act Issues]
Here:
Question presented:
Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarran Amendment by asserting defenses based on federal law.
The first petition is here.
Arizona Tribal Sovereignty Forum
More details here.
ABA Panel on the 2022 Term in Indian Law
ABA Webinar on the NDN Law Cases of the 2022 Term
Join us for a free webinar hosted by the ABA CRSJ discussing Indian law cases decided by SCOTUS this term. We have a great panel, Erin Doughtery Lynch, Shay Dvoretzky, Matthew Fletcher, Lenny Powell, Pratik Shah, who will discuss the cases and the broader impact on federal Indian law principles.
Date: Tuesday, August 29, 2023
Time: 3:00 PM – 4:30 PM ET
Register HERE: https://lnkd.in/gZz6YWnJ
ABA SCOTUS Indian Law Cases Webinar (August 29, 2023)
Date: Tuesday, August 29, 2023
Time: 3:00 p.m. – 4:30 p.m. ET
Format: Free non-CLE Webinar
Sponsor: ABA Section of Civil Rights and Social Justice
The United States Supreme Court decided several Indian law cases this term that touch on fundamental concepts at the core of federal Indian law. This panel, made up, in part, of lawyers who were directly involved in each of these cases on behalf of Indian Tribes, and other lawyers and scholars who will offer a broader perspective, will discuss each of these cases and their impact on broader federal Indian law principles.
Speakers:
- Erin C. Dougherty Lynch – Senior Staff Attorney and Managing Attorney, Native American Rights Fund
- Shay Dvoretzky – Partner, Supreme Court and Appellate Litigation, Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates
- Matthew L.M. Fletcher – Harry Burns Hutchins Collegiate Professor of Law, University of Michigan Law School
- Leonard R. Powell – Associate, Jenner & Block
- Pratik A. Shah – Partner, Akin Gump Strauss Hauer & Feld LLP
Moderator:
- Patty Ferguson Bohnee – Director, Indian Legal Clinic, Arizona State University Sandra Day O’Connor College of Law; Attorney, Sacks Tierney
Register HERE: https://americanbar.zoom.us/webinar/register/WN_lbFcLRxERZqV6JrqtYYOWw
The Section of Civil Rights and Social Justice is the only ABA membership entity solely dedicated to the advancement of human rights, civil rights, civil liberties, and social justice. We invite you to become involved with critical legal and public policy issues by joining one or more Section committees. You may want to become part of a committee to learn more about developments in a particular issue area. Or you may choose to take a more active role by participating in or organizing specific activities. Whatever your area of interest or specialization, we have a home for you. To get involved, join us here.
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