Cheyenne River Sioux Tribal Court of Appeals Decision in Tribal Redistricting Dispute

Here is the opinion in Woods v. Cheyenne River Sioux Tribal Council:

woods

An excerpt:

Despite the long and convoluted history of this case, much has been accomplished and both parties are to be commended for the positive results to date. As noted by Attorney Gunn in his letter of September 21, 2015, which is now part of the record in this case:

… the Tribal Council does not seek to undermine the rights and values enshrined in the Tribal Constitution or the Indian Civil Rights Act. To the contrary, the Tribal Council has honored and protected those rights by enacting redistricting legislation that ensures, and will continue to ensure, proportionate representation in the Tribal Council for all Tribal citizens.

There may still be differences of opinion in the details, but not on the overarching Tribal constitutional principle that mandates Tribal Council reapportionment. This, indeed, is worthy and noteworthy advance.

To be clear, while this case is over, the process of reapportionment and redistricting is not. Both sides realize that there is more to come, especially in regards to the Tribal Council’s commitment to taking a new tribal census in 2017 to guide redistricting for 2018 elections. See, e.g., Tribal Council Resolution 10-2015-CR. The implementation of this Tribal Council resolution may or may not lead to new litigation. If there is such litigation, the issue of Tribal Council sovereign immunity may be raised as a defense at that time. If it is, both the trial court and this Court shall rule upon it.

Ned Blackhawk NYTs Op-Ed on Dollar General

Here is “The Struggle for Justice on Tribal Lands.”

Ninth Circuit Briefs in Takeda Pharmaceuticals America v. Connelly

Here:

Takeda Opening Brief

Connelly Answer Brief

Takeda Reply Brief

Lower court materials here.

Nebraska v. Parker Background Materials

Here are the materials we’ve collected on Nebraska v. Parker.

Supreme Court Merits Briefs

Nebraska Opening Brief

Omaha Tribal Council Brief

US Brief

Merits Stage Amicus Briefs

Village of Hobart Amicus Brief

NCAI Amicus Brief

Scholars Brief

Cert Stage Briefs

State of Nebraska v Parker cert petition

United States Cert Opp Brief

Eighth Circuit Materials

CA8 Opinion

Nebraska Opening Brief

Tribe Brief

US Brief

Nebraska Reply Brief

District Court Materials

The 2nd amended complaint is here: Complaint

The tribal motion to dismiss is here: Motion to Dismiss

The opposition is here: Opposition to Motion to Dismiss

The reply is here: Reply Brief

The court’s stay order and opinion is here: DCT Order Denying Motion to Dismiss

DCT Order Granting Nebraska Motion to Intervene

Nebraska Motion to Intervene

Opposition to Motion to Intervene

Nebraska Reply in Support of Motion to Intervene

118 Village of Pender Brief

114 Omaha Tribe Brief

127 Federal Brief

126 Nebraska Brief

134 Nebraska Response

135 US Response

136 Village of Pender Response

138 Omaha Tribe Response

140 Opinion

Tribal Court

Village of Pender v Morris — Omaha Tribal Court

Senate Indian Affairs Committee to Review TLOA

Hearing set for Wednesday, December 2, 2015 at 2:15PM EST.

Link to announcement here.

Profile of Association of Village Council Presidents

Here is “AVCP aims to establish tribal court in every YK village” from Alaska Public Media.

The article features the great Monique Vondall-Rieke!

Dollar General Reply Brief

“Petitioners are the non-Indian operators of a
business on a tribal reservation. Respondent Doe is a
member of the tribe. Doe seeks to hale petitioners
into his tribal court, asking the tribe to award him
millions of dollars in damages (including punitive
damages) for an alleged violation of unwritten tribal
tort law by one of petitioners’ employees.”

Dollar General Reply Brief

Additional Briefs HERE

 

Michigan Tribal State Federal Judicial Forum

Spartans

  
Wolverines

  

  

Michigan Tribal State Federal Judicial Forum Meeting

At Bahweting   
    
 

Federal Court Denies Discovery into Tribal Judicial Bias Claims

Here is the order in FMC Corp. v. Shoshone-Bannock Tribes (D. Idaho):

43 DCT Order Denying Discovery

An excerpt:

To allow a litigant to conduct full-blown discovery here, after he failed to conduct discovery in the tribal court litigation, would ignore National Farmers and Iowa Mutual. Those cases directed that all issues be fully presented to the tribal court so that it might cure any problems and give the federal court the benefit of its expertise. If a due process issue like judicial bias is not fully developed through discovery before being presented to the tribal court – and the litigant simply sits on his discovery rights until he gets into federal court – the tribal court never gets a chance to review the discovery, apply its expertise, and cure any unfair judicial bias revealed by the discovery. That is antithetical to the analysis of National Farmers and Iowa Mutual.

Briefs here. The tribal court decision below is here.