Amicus Brief of NCAI in Census Case

Here is the National Congress of American Indians’ (“NCAI”) Amicus Brief in Trump v. New York, which is being argued today and addresses whether unauthorized immigrants should now be excluded from the Census count.

From the brief:

Multiple amici argue, in effect, that unauthorized immigrants are not “persons” to be counted for purposes of apportionment. Because the United States once tried to argue that American Indians were not “persons” under the law, amicus NCAI is compelled to refute these arguments.

….

These arguments are inconsistent with the Constitution’s text and history. Worse still, in a nation where “all persons are created equal,” Matthews v. Lucas, 427 U.S. 495, 516 (1976) (Stevens, J., dissenting), see also Declaration of Independence ¶ 2 (“We hold these truths to be self-evident, that all men are created equal. . . .”), these attempts to deny the very personhood of unauthorized immigrants are morally bankrupt.

Ninth Circuit Rejects Quanah Spencer’s Selective Prosecution Claim

Here is the unpublished opinion in Spencer v. City of Spokane.

Briefs:

Spencer Opening Brief

City Answer Brief

County Answer Brief

Reply

Seattle Times: “Salmon People: A tribe’s decades-long fight to take down the Lower Snake River dams and restore a way of life”

Here.

NYTs: “Debra White Plume, Defender of Her Tribe, Is Dead at 66”

Here.

Crosscut: “A magical hike on Whidbey Island whitewashes Native history”

Here.

D.C. Circuit Declines to Order Injunction on Construction of Border Wall to Stop Destruction of Sacred Sites over Dissent of Judge Millett

Here is the order in Manzanita Band of the Kumeyaay Nation v. Wolf:

Order on Motion for Stay Pending Appeal + Dissent

Briefs:

Opposition

Appellants Motion for Emergency Injunction

Lower court materials here.

WaPo: “An ancient people with a modern climate plan”

Here.

Federal Court Dismisses Pro Se Treaty Rights Complaint against State and Sault Tribe

Here are the materials in Hall v. Whitmer (E.D. Mich.):

1 Pro Se Complaint

13 Sault Tribe Motion to Dismiss

15 Response to 13

19 Reply

20 State Motion for Summary Judgment

23 Response to 20

24 Reply

27 Magistrate Report re 13

28 Magistrate Report re 20

30 Objections

32 DCT Order