Skipped History Interview of Fletcher on ICWA and the Brackeen Case: “The “Surreal” SCOTUS Case on Indian Adoptions”

Here.

Apparently, I sometimes make this face when someone says “Yoda.”

More Perfect Podcast: The Supreme Court v. Peyote

Supreme Court Decides Allen v. Milligan (Voting Rights)

On June 8, 2023, the Supreme Court of the United States in Allen v Milligan upheld the lower court’s determination that the newly adopted Alabama congressional maps likely violate Section 2 of the Voting Rights Act. After lower courts found that Alabama’s most recent redistricting likely violated the Voting Rights Act, the state chose to appeal the case rather than draw non-discriminatory electoral districts. The state argued that, contrary to the protections embodied in the Voting Rights Act, race should not be taken into consideration in redistricting efforts. The Supreme Court disagreed.

Last July, the National Congress of American Indians, represented by NARF, filed an amicus brief in the case arguing against the proposal to eliminate race from redistricting considerations. Participating in American democracy provides Native Americans the opportunity to remedy past injustices by electing representatives who understand and honor Native Nations’ political status within American federalism, who will advance treaty rights, advocate for basic resources, and respect and value Native Americans’ contributions to this country.

The brief explained that there is an ongoing and critical need for Section 2 of the Voting Rights Act to address racial discrimination and contemporary voter suppression that dilutes Native American votes and political power. In fact, the only Section 2 enforcement action brought by the Department of Justice during President Trump’s tenure was a challenge to an at-large district that prevented the election of Native American candidates of choice to a school board.

No Brackeen Decision Today

Next opinion day is June 15.

Remember, no matter what someone tells you, the Court does not suddenly or randomly release opinions. If the Court’s website doesn’t say they are releasing opinions, they are not releasing opinions that day. The website also says what time (10am) they are convening to release opinions. We absolutely do not know which opinions they will release, or how many, just that they will release some.

This alert is definitely not based on phone calls I got last Sunday.

Second Circuit Affirms Conviction of Conspirator in Wakpamni Frauds

Here are the available materials in United States v. Archer:

We’ve posted on the Wakpamni Lake Community Corporation frauds (plus a bunch of other cases involving this litigious entity) at great length, tag here. For materials on this specific character, Archer, see here.

Grand Traverse Band v. Burnett Foods Clean Water Act Complaint

Here is the complaint in Grand Traverse Band of Ottawa and Chippewa Indians v. Burnett Foods Inc. (W.D. Mich.):

Florida COA Orders State Trial Court to Dismiss Tort Claim against Seminole Tribe

Here is the opinion in Seminole Tribe of Florida v. Manzini (Fla. Ct. App. 4th Dist.):

Split Eighth Circuit Panel Shields Communications between North Dakota Legislators and Constituents that Probably Shows Racial Animus against Native Voters

Here are the materials in In re: North Dakota Legislative Assembly:

Opinion

Petition for Writ of Mandamus

Turtle Mountain Opposition

The underlying case is here.

Celebrating MSU’s Indigenous Law and Policy Center Graduates

On May 11, 2023, Michigan State University’s Indigenous Law & Policy Center celebrated its’ 2023 graduates! Below are some photos from this event.