Motion for Summary Judgment and Amicus Briefs in AFCARS Lawsuit [foster care and adoption data for AI/AN and LGBTQ+ kids]

Final_Motion for Summary Judgment  

Plaintiffs have standing to bring this case. Plaintiffs here include the largest federally recognized tribes in California and in the United States, a coalition of dozens of tribes located in California, a foster youth and foster care alumni organization in Alaska, and three organizations from around the country that work with LGBTQ+ foster youth and/or youth who have experienced sex or labor trafficking. Each of these Plaintiffs works to improve the living conditions of youth in child welfare systems and to reduce the chance they will end up homeless, incarcerated, or otherwise severely harmed while in care. The data that Defendants have abandoned are irreplaceable for the efficacy of these efforts. The 2020 Final Rule substantially impedes Plaintiffs’ ability to pursue their missions. It makes it harder for tribes to vindicate their and their children’s rights and to protect their children’s well-being. Likewise, the rule makes it more difficult for groups serving youth in care, including LGBTQ+ youth, to address the overrepresentation of those youth in the foster care population and to prevent their disproportionately negative experiences. The 2020 Final Rule thus injures Plaintiffs—along with the vulnerable children they serve. 

ProposedOrder

Exhibits:

App.A

App.B

App.C

App.D

App.E

App.F

American Academy of Pediatrics_Amicus_Brief

AAP_Amicus_Motion

Members Of Congress_Amicus_Brief

MOC_Amicus_Motion

The MSU Indian Law Clinic represents the plaintiffs in this case along with our excellent partners, Democracy Forward and Lambda Legal.

Non-Indian’s Habeas Petition Rooted in McGirt Rejected

Here are the materials in Woods v. Nunn (W.D. Okla.):

1 Habeas Petition

5 Magistrate Report

7 DCT Order

8 Magistrate Report 2

9 DCT Order

Chemehuevi 638 Suit Dismissed, Moot

Here are the materials in Chemehuevi Indian Tribe v. United States (D. Ariz.):

1 Complaint

10 US Motion to Dismiss

13 Response

17 Reply

18 DCT Order

National Writers Series: Robin Wall Kimmerer — June 10, 2021

Details here.

ROBIN WALL KIMMERER

Robin Wall Kimmerer is a mother, scientist, decorated professor, and enrolled member of the Citizen Potawatomi Nation. She is the author of Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teaching of Plants, which has earned Kimmerer wide acclaim. Her first book, Gathering Moss: A Natural and Cultural History of Mosses, was awarded the John Burroughs Medal for outstanding nature writing.

As a writer and a scientist, her interests in restoration include not only restoration of ecological communities, but restoration of our relationships to land. She holds a BS in Botany from SUNY ESF, an MS and PhD in Botany from the University of Wisconsin and is the author of numerous scientific papers on plant ecology, bryophyte ecology, traditional knowledge and restoration ecology. 

EVENT AND BOOK

This special TICKETED virtual event is presented in partnership with For Love of Water (FLOW), a nonprofit dedicated to protecting and preserving the extraordinary and essential natural resources of the Great Lakes. Half of the proceeds from our ticket sales will go to FLOW to support their mission. We are also honored to welcome Chairman David M. Arroyo of the Grand Traverse Band of Ottawa and Chippewa Indians for a blessing at the beginning of our event, and the Botanic Garden at Historic Barns Park as a community partner.

As a botanist, Robin Wall Kimmerer has been trained to ask questions of nature with the tools of science. As a member of the Citizen Potawatomi Nation, she embraces the notion that plants and animals are our oldest teachers. In Braiding Sweetgrass: Indigenous Wisdom, Scientific Knowledge and the Teachings of Plants, Kimmerer brings these two lenses of knowledge together to take us on “a journey that is every bit as mythic as it is scientific, as sacred as it is historical, as clever as it is wise” (Elizabeth Gilbert).

Braiding Sweetgrass weaves together a central argument: that the awakening of a wider ecological consciousness requires the acknowledgment and celebration of our reciprocal relationship with the rest of the living world.

This event is made possible in part by a grant from the Michigan Humanities, an affiliate of the National Endowment for the Humanities.

GUEST HOST | MATTHEW L.M. FLETCHER

Matthew L.M. Fletcher is Foundation Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. He has been a visiting professor at the University of Arizona Rogers College of Law, the University of Michigan Law School, the University of Montana Blewett School of Law, and Stanford Law School. He is a frequent instructor at the Pre-Law Summer Institute for American Indian students. He sits as the Chief Justice of the Poarch Band of Creek Indians Supreme Court and also sits as an appellate judge for the Colorado River Indian Tribes, the Hoopa Valley Tribe, the Mashpee Wampanoag Tribe, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, the Pokagon Band of Potawatomi Indians, the Nottawaseppi Huron Band of Potawatomi Indians, the Rincon Band of Luiseño Indians, the Santee Sioux Tribe of Nebraska, and the Tulalip Tribes. He is a member of the Grand Traverse Band of Ottawa and Chippewa Indians.

Friday Job Announcements

To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    1. position title,
    2. location (city, state),
    3. main duties,
    4. closing date,
    5. and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Anishinabe Legal Services

Staff Attorney, Cass Lake, Minnesota.  Anishinabe Legal Services is looking to hire a licensed attorney to provide civil legal assistance and court representation to program clients before area Tribal Courts, State Courts, and Administrative Forums.  This position will be open until filled.  Please see the hiring announcement for additional information. 

Earthjustice

Deputy Managing Attorney, Clean Energy (FERC), either Washington, DC, or remote within the United States. The Deputy Managing Attorney will lead Clean Energy Program staff in litigation and advocacy to eliminate barriers to clean energy adoption in federally regulated wholesale power markets and to secure FERC and RTO/ISOs policies and practices that support a transition to clean, affordable, and reliable energy.  The Deputy Managing Attorney will manage a team of five attorneys and will report to the Managing Attorney of the Clean Energy Program, who oversees state and federal clean energy portfolios. Accepting applications on a rolling basis, and applicants can apply here. Please see the job description for more information.

Sauk-Suiattle Indian Tribe
Attorney, Darrington, WA. The purpose of the Attorney position is to provide legal service for the benefit of the Sauk-Suiattle Indian Tribe’s governmental programs and departments. The applicant must be committed to the goals and policies that work toward achieving the vision and cultural values of the Sauk-Suiattle Indian Tribe. The Office of Legal Counsel receives policy guidance from the Tribal Council on tribal governmental matters, and shall receive guidance on tribal court matters as provided for in the Sauk-Suiattle Indian Tribe Law and Order Code. The individual selected must be capable of making independent professional judgments and completing complex legal work in a timely manner. Interested applicants are encouraged to complete an application for employment and return it to jodi@sauk-suiattle.com. Please see the job description for more information.

The U.S. office of the Environmental Law Alliance Worldwide (ELAW)

Environmental or human rights attorney, Eugene, Oregon. In exceptional circumstances, for the right candidate, another location will be considered. The attorney will join a team of ELAW lawyers supporting international partners on a wide range of domestic and international legal advocacy efforts. Responsibilities will include research to support litigation and advance law reform; drafting pleadings and court submissions, including “friend of the court” briefs; building and fostering relationships with international partners and allies; organizing and leading workshops; expanding ELAW’s capacity in relevant areas of law; reviewing work product by colleagues; and communicating about this work with relevant audiences. Applications should be submitted through the portal at here. Please see the job description for more information.

Tulalip Tribal Court

Domestic Violence Advocate Attorney, Tulalip Tribal Court, Tulalip Washington. Seeking practicing attorney with at least 2 years of experience in either representing clients in civil cases, working in civil legal aid, and/or representing Indian tribal members in tribal courts. For more information, please see the Domestic Violence Advocate Attorney job description. Application closes June 7th, 2021. If interested in the position, please send a resume, cover letter, and writing samples by email or mail. Please see the position description for more information.

Association of Village Council Presidents

RFP. AVCP is soliciting proposals from qualified companies to provide obtaining services of a qualified firm experienced in managing a Tribal Transportation to manage projects and programs. RFP Closes 4:00 p.m., A.S.T., 06/25/2021. Please see the position description for important dates to remember and more information.

Montana Legal Services Association

Project Coordinator- Tribal Advocacy Incubator, Helena or Billings, Montana. MLSA provides civil, non-criminal legal services to low income Montanans living in all 56 Montana counties and on all Tribal Reservations. It is a new position that is responsible for developing a MLSA supported project that recruits, trains, and supports tribal advocates on Tribal Land in Montana. This position will conduct outreach, develop training materials, and work with a diverse group of project partners to implement the project. The Project Coordinator will be housed at MLSA and is responsible for working with partners to finalize a project model, develop the project infrastructure, recruit the inaugural group of tribal advocates, and manage the ongoing project and referrals. The priority deadline for applications is June 4, 2021. To apply, please send a resume, cover letter, and 3 references to hiring@mtlsa.org. For more information about this job and MLSA, please visit here.

Navajo Nation Office of Legislative Counsel

RFP. Accepting proposals from qualified law firms to provide professional services to the Office of Legislative Counsel (OLC) for Legislative drafting services on a board range of topics and subject areas. We invite your firm to submit a proposal to OLC by ?June 15, 2021 for consideration. Please see the RFP for more information.

See prior posts.

Ninth Circuit Affirms Conviction in US v. Polequaptewa

Here is the opinion.

Briefs here.

New Issue of the American Indian Law Journal, Vol. 9, No. 2

Here:

Current Issue: Volume 9, Issue 2 (2021)

Articles

PDF

In Defense of the Indian Commerce Clause
Stephen Andrews

PDF

The Time Is Now For The IACHR To Address Climate Action As A Human Right: Indigenous Communities Can Lead (Again)
Lara C. Diaconu

PDF

Unqualified? Investing In Qualified Opportunity Zones On Reservations
Ben Gibson

PDF

Beyond A Sliver Of A Full Moon: Acknowledging And Abolishing White Bias To Restore Safety & Sovereignty To Indian Country
Mary T. Hannon

PDF

Inuit Nunangat Regional Overlaps: Reciprocal Harvesting & Wildlife Management Agreements
Christopher M. Macneill

PDF

Rebalancing Bracker Forty Years Later
William McClure and Thomas E. McClure

PDF

Native Nations’ Land Ownership And Our Disservice To Their People And Culture A Proposed Legislative Solution And A Lesson To Be Learned
David E. Missirian

PDF

The Blind Eye: Jus Soli, And The “Pretended” Treaty Of New Echota
Christopher Robert Rossi

PDF

Case Law On American Indians
Thomas P. Schlosser

SCOTUS Grants Stay in Oklahoma v. Bosse [post-McGirt criminal appeal]

Here are the materials related to the application for a stay by the State of Oklahoma in Oklahoma v. Bosse:

Oklahoma Application for Stay

Bosse Response

Oklahoma Reply

Chickasaw Nation Amicus Brief

US Amicus Brief

Lower court materials here.

National Indian Law Library Bulletin (5/26/2021)

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at https://narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • Loring v. Daly (Tribal Sovereign Immunity; Religious Land Use and Institutionalized Persons Act)
  • United States, Osage Minerals Council v. Osage Wind, LLC (Wind Turbines; Property Rights)
  • Noem v. Haaland (National Historic Preservation Act; Religious Freedom Restoration Act)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

  • Petitioner/Cross-Respondent: The People of the State of Colorado, In the Interest of Minor Children: K.C. and L.C., v. Respondents/Cross-Petitioners: K.C. and L.C., and Concerning Respondent: D.C. (Indian Child Welfare Act)
  • Great Plains Lending, LLC v. Department of Banking (Tribal Sovereign Immunity; Sovereign Lending)
  • Jamelle A. v. Department of Child Safety (Indian Child Welfare Act)

U.S. Legislation – 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.1725 – A bill to grant a Federal charter to the National American Indian Veterans, Incorporated.
  • S.1735 – A bill to establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.
  • S.1797/H.R.3496 – To amend the Indian Health Care Improvement Act to expand the funding authority for renovating, constructing, and expanding certain facilities.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

  • Ending the interminable gap in Indian Country water quality protection.
  • Native treaties and conditional rights after Herrera.
  • “The rule of the strong, not the rule of law”: Reexamining implicit divestiture after McGirt v. Oklahoma.
  • Tribal lending after Gingras.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Bipartisan bill brings long-overdue boost to urban Indian health providers
  • Washington State Tribal Coalition passes unprecendented climate change bill, puts consent instead of consultation into law
  • Gov. Noem’s Mount Rushmore lawsuit sparks legal fight with tribe
  • In new ad campaign, tribal coalition urges Biden to ‘restore and expand’ Bears Ears monument
  • Colonization’s dark history puts heavy burden on tribes seeking repatriation of remains, objects
  • Protocol will help guide Indigenous knowledges and data collecting, sharing, interpretation and storage
  • Indigenous healthcare professional and student discuss their journeys in the healthcare field
  • The Gila River Indian Community innovates for a drought-ridden future
  • Call Number with American Libraries Podcast: NILL Director Anne Lucke discusses the importance of a library dedicated to tribal law
  • Petroglyph vandalism is not a victimless crime