Justice Breyer to Retire

The Guardian. They don’t hide behind paywalls . . . much.

Riding bus to A2 but will post on Breyer’s Indian law record in a bit. It’s incomplete since the Court has decided to take many, many cases this Term.

Sneak preview . . . He voted with tribal interests about 40 percent of the time, but up through his abomination of a vote in Baby Girl, he voted favorably for tribal interests only 20 percent of the time. This isn’t going to be pretty.

Not sure we’re buying it. . .
Not sure they are, either.

South Dakota Federal Court Dismisses ICRA Claims (again) against Oglala Tribal

Here are the materials in Stanko v. Oglala Sioux Tribal Public Safety Division (D.S.D.):

1 Complaint

7-2 Tribal Exclusion Order

8 Motion for PI

8-1 Tribal Bench Warrant

11 DCT Order

Prior suit here.

Wassaja, Aug. 1976

Images from the Mason NALSA Talk

Thanks again to Ali Slader for organizing. Full comic here.

Native Families and COVID-19

Here.

Native youth have suffered the highest rate of caregiver loss from the pandemic—4.5 times higher than that of White children. This means that 1 of every 168 Native children have lost their primary caregivers to COVID, as compared with 1 of every 310 Black children, 1 of every 412 Hispanic children, and 1 in every 753 White children.

Thanks to Fred Fisher to sending this on to us.

Oklahoma Tax Commission Opinion Rejecting McGirt-Based Tax Immunity

Here:

OTC-order-2021-12-08-04

Related news coverage.

Ninth Circuit Briefs in Section 1983 Suit against Warm Springs Tribal Police

Here are the briefs in Weaver v. Gregory:

Opening Brief

Answer Brief

Tribal Amicus Brief

Lower court materials here.

Update in Suit against Nome Police for Failure to Investigate Sexual Assault against Native Woman

Here are updated materials in Hardy v. City of Nome (D. Alaska):

36 Harvey Motion to Dismiss

41 Response

42 Reply

45 DCt Order on Motion to Dismiss

64 Hardy Motion to Compel

66 Response

67 Reply

72 DCT on Motion to Compel

74 Hardy Motion for Sanctions

75 Response

80 Reply

92 Hardy Supplemental Brief

95 Nome Motion to Dismiss

The complaint is posted here.

SCOTUS Denies More Oklahoma Petitions, Still Holding on Brackeen, Yakama, and Standing Rock Petitions

Order list here. Prior post detailing the other petitions here.

Suquamish Indians waiting . . .

Here are the materials in Oklahoma v. Davis, a petition in which Oklahoma only asked to overrule McGirt:

Oklahoma v Davis Petition

Davis BIO

MCN Amicus Brief

Reply

There are a bunch more denials of Oklahoma’s brilliant papering strategy (we’ll post materials later, cuz we have lives and Tribal Law won’t teach itself  . . . or will it?):

Oh and because we can’t have nice things, the Court granted the Harvard affirmative action case, too.

Connecticut Supreme Court Briefs in State Law Preemption Case [Non-Indian Vendors on Mashantucket Lands]

Here are the materials in Soloniewicz v. Sugar Factory LLC (Conn. S. Ct.):

Appellant Brief

Soloniewicz Brief

Sugar Fox Reply Brief

AG Amicus Brief

 

Ninth Circuit Briefs in Challenge to Arizona School District Ban on Beaded Graduation Cap

Here are the materials in Waln v. Dysart School District:

Opening Brief

Answer Brief