Background Materials in Washington State Department of Licensing v. Cougar Den, Inc.

Supreme Court

–Merits Stage

Joint Appendix

Petitioner’s Brief

SG Brief

Respondent’s Brief

Sacred Ground Legal Services Amicus Brief

Yakama Nation Amicus Brief

Nez Perce Tribe Amicus Brief

NCAI Amicus Brief

Reply Brief

–Cert Stage

Cert Petition

Cougar Den Cert Opp

Reply

SG Brief

supplemental brief for respondent in response to brief of us solicitor general

Washington Supreme Court

Here is the opinion in Cougar Den Inc. v. Washington State Dept. of Licensing.

Briefs:

92289-6 Appellant’s Opening Brief

92289-6 Appellant’s Reply

92289-6 Appellant’s Response to Amicus Brief

92289-6 Respondent’s Brief

92289-6 Yakama Nation Amicus Brief

Ninth Circuit Rejects Treaty Defense in United States v. King Mountain Tobacco (Nos. 14-36055, 16-35607)

Here is the opinion.

An excerpt:

We affirm our longstanding rule that Indians—like all citizens—are subject to federal taxation unless expressly exempted by a treaty or congressional statute. Hoptowit, 709 F.2d at 566. In this case, neither the General Allotment Act nor the Treaty with the Yakamas expressly exempts King Mountain from the federal excise tax on manufactured tobacco products. King Mountain is therefore liable for payment of the tax and associated penalties and interest.

Briefs here.

The CA9 also rejected an appeal on a discovery issue in this matter (docket number 16-35956):

Memorandum Opinion

Briefs in that matter here.

 

Muscogee Creek Freedmen Groups Sues Interior, Muscogee (Creek) Nation Principal Chief

Here is the complaint in Muscogee Creek Indian Freedmen Band, Inc. v. Zinke (D.D.C.).

From the press release:

The Muscogee Creek Nation (“MNC”), with full knowledge and approval of the DOI, continues to deny so-called “Creek Freedmen” and their Descendants their Creek citizenship in violation of the Creek Treaty of 1866, the Constitution of the United States, the Administrative Procedure Act, and the Indian Civil Rights Act. The so-called Creek Freedmen continue to be denied basic rights of citizenship including but not limited to their right to vote, right to hold office, and right to be recognized for who they are: Creek Indians by birthright, heritage, history, and culture.  The named Defendants are the Creek Nation Principal Chief,James Floyd; the United States Department of the Interior (“DOI”); and the Hon. Ryan Zinke, Secretary of DOI. 

 

Pro Se Claims of Unrecognized “Cherokee Nation of Indians” Dismissed

Here are the materials in Ayanuli v. United States (Ct. Cl.):

1 complaint

5 motion to dismiss

7 dct order

SCOTUS Grants Herrera v. Wyoming

Here is today’s order list.

Here is the tag for Herrera v. Wyoming.

SCOTUS Grants Cougar Den Tax Case; Denies Shingle Springs Gaming and Wind River Reservation Boundaries Cases; Issues CVSG in Ute Tribal Court Jurisdiction Matter

Here is today’s order list.

Here are the materials in the Cougar Den matter.

Here are the materials in the Shingle Springs matter.

Here are the materials in the Wind River matter.

Here are the materials in the Ute Tribe matter.

Ninth Circuit Affirms Dismissal of Skokomish v. Forsman

Here is the unpublished opinion:

17-35336 docket 47_6.18.2018

Briefs here.

President Fawn Sharp on the Culverts Case

Here (scroll down to the second audio player).

‘This Ruling Gives Us Hope’: Supreme Court Sides With Tribe in Salmon Case

From the NY Times:

There was a time when the murky waters of the Skagit River offered bountiful salmon harvests to the Swinomish Indians of Washington State. They could fill an entire boat with one cast of the net back then, and even on a slow day, they could count on hauling in dozens of fish.

But on a cloudy morning last month, the tribal community chairman, Brian Cladoosby, was having no luck. Drifting in his 21-foot Boston Whaler, he spotted his 84-year-old father, Michael, standing in yellow overalls in another boat, pulling an empty net from the water.

“Where’s the fish, Dad?” the son asked.

That has been the dominant question for years among the Swinomish and other Native Americans, who have seen their salmon harvests dip by about 75 percent over the past three decades.

But on Monday, they got reason to hope that their salmon harvests would tick back up.

Article is HERE.

SCOTUS Affirms Culverts Case by Equally Divided Court

Here is the order.

Background materials here.