Much like the 2009 letter from the Interior Solicitor’s Office in relation to the Little River Band of Ottawa Indians, a new letter from the Interior Solicitor makes the same argument — that the National Labor Relations Act does not apply to Indian tribes — in relation to the Saginaw Chippewa Indian Tribe.
Here is the new letter (signed by Patrice Kunesh, Deputy Solicitor, Indian Affairs):
The order from the Court of Federal Claims is here.
By statute this court lacks jurisdiction over any suit “for or in respect to” claims that are pending in another court. Defendant’s Motion to Dismiss contends that plaintiff’s previously-filed district court complaint shares substantially the same operative facts as this, the second-filed action. For the following reasons, because plaintiff’s district court litigation was pending at the time the instant matter was filed, and was “for or in respect to the same claim,” applying 28 U.S.C. § 1500 (2006) as recently clarified by United States v. Tohono O’Odham Nation, 131 S. Ct. 1723 (2011), defendant’s Motion is GRANTED.
The Appendix, included in the order, gives a side by side comparison of the two claims.
Here’s another one:
Here is another suit dismissed in accordance with U.S. v. Tohono O’odham Nation:
Craig A. Schwartz has published Footloose: How to Tame the Tucker Act Shuffle After United States v. Tohono O’odham Nation in the UCLA Law Review Discourse.
The article has very little to do with Indian law, but demonstrates (if you read between the lines a bit) how the United States probably used all of the Indian claims cases now being dismissed en masse to also wipe out a class of claims based on regulatory takings. If the CFC “shuffle” case had arisen in the regulatory takings context, imagine how Scalia, J. would have reacted.
Here is the new case from the Court of Federal Claims:
Here is the unpublished, summary order in Eastern Shawnee Tribe v. United States. It was on remand from a GVR (grant, vacate, remand) from the Supreme Court (docs here). The Tribe had petitioned the Supreme Court before the United States v. Tohono O’odham Nation decision.
Here:
From BLT here.
Turtle Talk 
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