Here:
Tribal brief here.
Wisconsin COA Rejects Challenge to Constitutionality of PL280
Here is the unpublished opinion in State of Wisconsin v. House:
Briefs here.
Public Law 280 is the classic example of what SCOTUS would strike down as violating the anti-commandeering principle of the Tenth Amendment. It is a mandate to states (six of them, including Wisconsin) to assume criminal jurisdiction over Indian country and it’s basically unfounded (more or less like most other aspects of Indian country criminal jurisdiction). I guess since the mandatory PL280 states consent to this federal commandeering of their legislative process, it’s okay? Or since the states retain prosecutorial discretion in individual cases? Like a lot of crap the Supreme Court has been shoving down our collective throats for the last few decades, anti-commandeering law is just stupid with two Os (thank you Knives Out for that one).
New Student Scholarship on the Involuntary Sterilization of Native Women
Genesis M. Agosto has published “Involuntary Sterilization of Native American Women in the United States: A Legal Approach” in the Nebraska Law Review.
Ninth Circuit Oral Argument Video in Spokane Tribe v. Sulgrove/Dawn Mining
Wyoming Federal District Court Orders Exhaustion
The District Court of Wyoming dismissed a claim against the Eastern Shoshone Tribe and First Nation Healthcare, requiring exhaustion of tribal court remedies. Here is the Order:
And here are the tribal briefs:
Washington Federal Court Orders Tribal Court Exhaustion in Sauk-Suiattle Dam Suit
Here are the materials in City of Seattle v. Sauk-Suiattle Tribal Court (W.D. Wash.):
Prior post here.
UCLA Castro-Huerta Event Tomorrow
| Castro-Huerta v. Oklahoma and the Attack on Tribal Sovereignty: Where Do We Go From Here? Wednesday, July 6, 202210:00 am (PT)via ZoomRegister: HERE The Supreme Court upended two hundred years of settled law regarding criminal jurisdiction in Indian country last week in Castro-Huerta v. Oklahoma. In an opinion stemming from the McGirt case, the astonishing decision asserted that there is a presumption of state criminal jurisdiction that must be preempted in Indian country, undermining tribal sovereignty and threatening safety and security for Indian people. Join us for this webinar as we hear from the nation’s leading legal practitioners and scholars about how this case came to be and what we might expect in the wake of its holding. |
Oklahoma Spent $10M to Win a Supreme Court Case
L.A. Times Op/Ed on Castro-Huerta by Greg Ablavsky and Liz Reese
Here.
Turtle Talk 
You must be logged in to post a comment.