“The fact that myself and other elected leaders of tribes have taken a stance against the pipeline doesn’t mean that our law enforcement agencies don’t have an interest in understanding what’s going on at the Straits with the pipeline,” says Bryan Newland, Chairman of the Bay Mills Indian Community. “It would be just like Enbridge reaching out to the Michigan State Police despite the fact that our attorney general and governor are opposed to the pipeline in the straits.”
—
Kyle Whyte is a professor at Michigan State University and a citizen of the Citizen Potawatomi Nation who has written about Standing Rock. He says there’s a trend of companies trying to control public advocacy behind the scenes.
“Instead of companies proposing risky projects being subject to oversight, it’s citizens concerned about preventing risks who are subject to oversight from those seeking to impose the risks,” he says. “There is a problem of mutual accountability here.”
U.S. Atomic Safety and Licensing Board Rejects Oglala Sioux Tribe Challenge to Uranium Mine
Sixth Circuit Vacates Bay Mills Gaming Case
Here are the materials in Bay Mills Indian Community v. Whitmer:
Lower court materials here.
Updated Indian Law Bibliography by Patrick S. O’Donnell [7th edition]
Amicus Briefs filed in Texas v. Bernhardt [ICWA]
All briefs are here.
Intervening Tribes Press Release (released before the Tribal brief with over 400 tribal signatories):
Majority of U.S. States, 75 Members of Congress and more than 30 Organizations File Amicus Briefs in Support of Native American Families and Children
WASHINGTON, D.C. – Today, 26 states and the District of Columbia, 75 members of Congress and more than 30 organizations filed friend-of-the-court briefs before the Fifth Circuit Court of Appeals in support of the Indian Child Welfare Act (ICWA) in Brackeen v. Bernhardt. Cherokee Nation Principal Chief Chuck Hoskin, Jr., Morongo Band of Mission Indians Chairman Robert Martin, Oneida Nation Chairman Tehassi Hill and Quinault Indian Nation President Fawn Sharp issued the following statement regarding the amicus briefs:
“We are thrilled to see that more than half of all states across the country, 75 members of Congress and dozens of leading organizations are taking a stand for the best interests of Indian children and families. This continuous support from across the political spectrum is a testament to the critical role that ICWA plays in promoting the stability and security of Indian tribes and families. Together, we are fighting back against the meritless attacks on ICWA. We are confident that the Fifth Circuit will again stand on the side of families and children by upholding the law.”
The Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation and Quinault Nation are co-defendants in the case, defending the Indian Child Welfare Act (ICWA) against unwarranted attacks on the law’s constitutionality.
For more than 40 years, ICWA has provided a process for determining the best interests of Indian children in the adoption and foster care systems. The tribes are arguing to defend ICWA alongside the Trump administration, the U.S. Department of Justice, and the U.S. Department of Interior. The case will be reheard on January 22, 2020.
The amicus briefs filed by the following States – Alaska, Arizona, California, Colorado, Connecticut, Idaho, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Washington and Wisconsin – as well as the District of Columbia, can be found here.
The amicus briefs from members of Congress can be found here, and the amicus briefs from leading organizations here.
Amici include organizations and political leaders from across the country spanning the political spectrum, and the U.S. states are represented by attorneys general from both the Republican and Democratic parties. They also include law professors and Native women writing in support of ICWA.
In 2017, individual plaintiffs Chad and Jennifer Brackeen, a couple from Texas, along with the state attorneys general in Texas, Louisiana, and Indiana, sued the U.S. Department of the Interior and its now-former Secretary Ryan Zinke to challenge ICWA. The Morongo, Quinault, Oneida and Cherokee tribes intervened as defendants in the case, and their recent brief can be found here.
On August 9, 2019, the Fifth Circuit Court of Appeals reaffirmed that the Indian Child Welfare Act is constitutional and serves the best interests of children and families. On October 1, 2019, plaintiffs in Brackeen v. Bernhardt chose to continue their attacks on Indian children and tribal families and requested an en banc rehearing before the Fifth Circuit, which the court granted.
There is broad, bipartisan support against this misguided attack on a law that is crucial for protecting the well-being of Indian children and Indian sovereignty. In addition to states and members of Congress, the Trump administration has strongly defended ICWA and its protections for Indian children, explaining that ICWA is an appropriate exercise of Congress’s authority to legislate in the field of Indian affairs and does not violate the Tenth Amendment or equal protection laws.
For additional information on this case and the Indian Child Welfare Act please visit: www.ProtectIndianKids.com
SCOTUS Grants Cert in McGirt v. Oklahoma [Creek Reservation Boundaries Criminal Appeal]
Here are the cert stage materials in McGirt v. Oklahoma:
oklahoma-brief-in-opposition.pdf
Friday’s order list here.
Friday Job Announcements
Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent to indigenous@law.msu.edu:
- In the email body, a typed brief description of the position which includes
- position title,
- location (city, state),
- main duties,
- closing date,
- and any other pertinent details such as links to application;
- An attached PDF job announcement.
Please send all job announcements in this requested format.
Little River Band of Ottawa Indians
Legal Intern, Manistee, MI. The Intern will assist the ULD in its role as in-house legal counsel to the Little River Band of Ottawa Indians that provides legal services and representation to the Tribal Government and its Enterprises, including Elected Officials, Departments, Commissions, and the Little River Casino Resort. Applications will be reviewed on a revolving basis beginning December 1, 2019 until the position is filled. Application instructions here and please see the position description for more information.
Confederated Salish and Kootenai Tribes
Family Defense Attorney, Flathead Reservation, Pablo, MT. Represents parents and guardians in child protection proceedings. Application closes January 2, 2020. Job announcement and application materials are available here.
Hufford, Horstman, Mongini, Parnell & Tucker, PC
Attorney, Flagstaff, Arizona. Provide general representation to public school districts, tribally-controlled grant schools, and charter schools. Applicants must be admitted to the Arizona Bar or capable of admission within six months, and admission to the Navajo Nation Bar Association is preferred. Recruitment will continue until the position is filled. Please see the job announcement for more information and application instructions.
The Agua Caliente Band of Cahuilla Indians
Tribal Court Administrator (TCA), Palm Springs, CA. This position offers the opportunity to play a leading role in the initial establishment of the ACBCI Tribal Court System. The TCA will have the responsibility for management and supervision of daily court operations, including development, implementation and maintenance of the case management system, facilities management and security, strategic planning and fiscal activity. For more information please see the position description.
Pueblo of Laguna
Public Defender, Dept: Pueblo Court. Closing date for application submission Open Until Filled. Please visit the Pueblo of Laguna website for more information and application instructions at www.lagunapueblo-nsn.gov. For more information please see the position description.
Swinomish Indian Tribal Community
Indian Child Welfare Act (ICWA) Attorney, La Conner, WA. The attorney will be responsible for representing Swinomish in State court dependency proceedings relating to Swinomish children and youth under the ICWA and state law. The attorney will be responsible for and should have experience in the following: drafting and filing notices of intervention and appearance; drafting trial and appellate briefs when appropriate; and more. Please see the position description for more information. This position is open until filled.
Navajo Nation
Office of the Attorney General:
Attorney, Window Rock, AZ. Under general direction of Assistant Attorney General for the Litigation Unit, the Attorney General, and Deputy Attorney General, advises and represents the Navajo Nation Government in all areas of civil law before Navajo Nation, federal, and state courts and administrative tribunals, with a specific emphasis on labor and employment law. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.
Principal Attorney, Window Rock, AZ. Under general direction of the Assistant Attorney General or the Attorney General and Deputy Attorney General, provides professional legal work and advice to the Navajo Nation Office of the Controller (OOC), Office of Management & Budget (OMB), Office of the Navajo Tax Commission (ONTC), Department of Retirement Services (NDRS), Budget and Finance Committee (BFC), and Investment Committee (IC), and, as required, to the Navajo Nation Council, Oversight Committees, the Executive, Legislative and Judicial Branches, and Chapters regarding a wide range of legal issues. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.
Attorney, Window Rock, AZ. Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General, provides legal direction to Navajo Nation Division, Departments and Offices, regarding a wide range of legal issues, including statutory and regulatory authority, contract disputes and procurement issues; and intergovernmental relations; performs professional legal work in research, trial prep and other legal work; and performs related duties as required. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.
Attorney, Window Rock, AZ. Under general direction of Assistant Attorney General or the Attorney General, and Deputy Attorney General, provides legal direction to Navajo Nation Division of economic/Community Development Chapters and Navajo Nation Gaming Regulatory Office regarding a wide range of legal issues, including statutory and regulatory compliance, contract disputes and procurement issues, and intergovernmental relations; performs professional legal work in counseling, research, trial and other legal work; present case in courts; and performs related duties as required. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.
Senior Programmer Analyst, Window Rock, AZ. Under general direction of the Attorney General and Deputy Attorney General, performs a variety of complex duties such as installing, programming, maintaining, saving of organization’s information within the Office of the Attorney General. Responsibilities: Serves as a resource person with regard to matters relating to information systems, special problems and development in implementation of security controls, efficient use and maintenance of system and equipment; Facilitates implementation management information systems to be compatible with federal, state and other departments. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.
Office of the Prosecutor:
Attorney, Window Rock, AZ Under supervision of the Chief Prosecutor/Deputy Chief Prosecutor represents the interest of the Navajo Nation government. Provides and assists several district prosecutor offices in prosecution of criminal and civil cases representing the interests of the Navajo Nation government. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.
Water Rights Unit:
Assistant Attorney General, Window Rock, AZ The Assistant Attorney General (AAG) for the Water Rights Unit is the lead water rights attorney for the Navajo Nation, representing the Nation in multiple water rights adjudications pending in state and federal courts, in state administrative water rights matters and in any settlement negotiations concerning the Nation’s water rights. The AAG directs and supervised the work of all attorneys within the Unit and contract attorneys representing the Navajo Nation on water rights matters. This position is open until filled, please see the position description or to apply, visit http://www.dpm.navajo-nsn.gov/jobs.html.
Hoopa Tribal Court
Hoopa Tribal Court RFQ, Northern California, 95546. Seeking statements of qualifications from contractor(s) to perform grant writing specifically for the Hoopa Valley Tribal Court. Please see the request for more information.
Lummi Indian Business Council
Staff Attorney III, Bellingham, WA. Works within the Office of the Reservation Attorney for the Lummi Nation concerning or affecting tribal sovereignty, cultural sovereignty, environmental matters, and self-governance, with a special emphasis on protecting treaty fishing and hunting rights. For more information please see the job description.
See posts from December 6, 2019.
Ninth Circuit Materials in United States v. Many White Horses
University of Arizona Indigenous Governance Program
More information here.
Scholarship and registration details are available at: https://igp.arizona.edu/january-tucson
2020 Udall Scholarships
The Udall Foundation invites you and interested students to follow them on Facebook, Instagram, and Twitter to get updates on this program. A Facebook Live broadcast will discuss the scholarship program and provide helpful information and application tips—check out the hashtag #UdallScholarship2020. You can also visit Udall website at www.udall.gov to learn more the application process and the award.
Udall Enviromental Careers Scholarship Flyer
Udall TPP & HC Scholarship Flyer
Turtle Talk 
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