Udall Requests Kavanaugh Records on Native American Issues

Matthew L.M. Fletcher

From the press release:

Udall Requests Kavanaugh Records on Native American Issues

Seeks all records pertaining to Kavanaugh’s involvement with Native American issues during tenure as Staff Secretary and White House Counsel

WASHINGTON – Today, U.S. Senator Tom Udall (D-N.M.), vice chairman of the Senate Committee on Indian Affairs, formally requested all records pertaining to Supreme Court nominee Judge Brett Kavanaugh’s involvement with Native American issues during his tenure as White House Staff Secretary and as White House Counsel.

In a letter to Senate Judiciary Committee Chairman Chuck Grassley (R-Iowa), Udall asked Grassley to turn over all records under his control pertaining to Kavanaugh’s work on Indian Affairs issues. Udall also asked that Grassley request all records from the National Archives regarding Kavanaugh’s time as Staff Secretary and White House Counsel related to Native American matters.

“Decisions made by the Supreme Court have a significant impact on nearly all aspects of the everyday lives of Native Americans,” Udall wrote. “In the past few years alone, the Supreme Court has ruled on cases that further defined the contours of the United States’ government-to-government relationship with Indian Tribes, including: the extent to which an Indian Tribe’s treaty with the United States protects its subsistence practices from state intrusion; the scope of an Indian Tribe’s sovereign immunity; and the scope and extent of a Tribal member’s parental rights over a Native American child.”

“The Supreme Court’s influence is particularly acute in Indian Country, given the United States’ treaty and trust responsibility,” Udall continued. “So that members of this Committee—and the entire Senate—may adequately consider Judge Kavanaugh’s views on Indian Affairs issues, I respectfully request that you make available to me and my staff all records that pertain to Judge Kavanaugh’s involvement with Native American affairs while serving at the White House as Staff Secretary and as White House Counsel.”

The full text of the letter is available here.

Ninth Circuit Rejects Gila River Indian Community Reimbursement Claims against VA

Matthew L.M. Fletcher

Here is the opinion in Gila River Indian Community v. Dept. of Veterans Affairs.

Briefs here.

Tenth Circuit Dismisses Objectors’ Appeal of Pojoaque Valley Water Settlement

Matthew L.M. Fletcher

Here is the opinion in State of New Mexico v. Aamodt.

Briefs:

Answering Brief for the United States of America

Appellant’s Consolidated Reply Brief to Appellees’ and Appellees in Intervention’s Briefs

Appellant’s Opening Brief

Appellant’s Supplemental Brief Pursuant to the Court’s April 5, 2018 Order

Appellee’s Answer Brief

Joint Answer Brief of Defendants-Appellees Santa Fe County and City of Santa Fe

Joint Supplemental Brief of Appellees State of New Mexico, Santa Fe County, City of Santa Fe and Rio de Tesuque Association, Inc.

Joint Supplemental Brief of Appellees the United States, Pueblo of Nambé, Pueblo of Pojoaque, Pueblo de San Ildefonso, and Pueblo de Tesuque

Response Brief of Appellee the Rio De Tesuque Association, Inc.

Eighth Circuit Briefs in Brakebill v. Jaeger

Matthew L.M. Fletcher

Here:

Entry ID 4667021 ACCEPTED Appellant’s Brief, Civil No. 18-1725 (8th Cir. May 30, 2018) (00190584x9D7F5)

Engry ID 4678343 ACCEPTED Appellees’ Brief 2018.07.02 (00191936x9D7F5)

Entry ID 4683480 Reply Brief of Appellant 2018.07.17 (00192205x9D7F5)

Prior posts here.

Sherry Treppa on Tribal Role in California Wildfire Response

Matthew L.M. Fletcher

Here is “Emergencies highlight critical tribal role.”

Background Materials in Washington State Department of Licensing v. Cougar Den, Inc.

Matthew L.M. Fletcher

Supreme Court

–Merits Stage

Joint Appendix

Petitioner’s Brief

SG Brief

Respondent’s Brief

Sacred Ground Legal Services Amicus Brief

Yakama Nation Amicus Brief

Nez Perce Tribe Amicus Brief

NCAI Amicus Brief

Reply Brief

–Cert Stage

Cert Petition

Cougar Den Cert Opp

Reply

SG Brief

supplemental brief for respondent in response to brief of us solicitor general

Washington Supreme Court

Here is the opinion in Cougar Den Inc. v. Washington State Dept. of Licensing.

Briefs:

92289-6 Appellant’s Opening Brief

92289-6 Appellant’s Reply

92289-6 Appellant’s Response to Amicus Brief

92289-6 Respondent’s Brief

92289-6 Yakama Nation Amicus Brief

New Scholarship on Tribal Jurisdiction to Protect Native Women and Children

Matthew L.M. Fletcher

Sarah Deer & Mary Kathryn Nagle have published Return to Worcester:
 Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children in the Harvard Journal of Law and Gender.

An excerpt:

The Supreme Court’s recent 4-4 tie-vote in Dollar General Corp. v. Mississippi Band of Choctaw Indians signals a distinctive shift away from the incoherent modern framework created by Oliphant v. Suquamish Indian Tribe—a framework that stripped Tribal Nations of their inherent authority to protect Native women from non-Indian perpetrated violence. With four Justices voting for—and not against—tribal jurisdiction, Dollar General signals a return to the Court’s 1832 decision in Worcester v. Georgia, wherein the Court affirmed the exclusive authority of Tribal Nations to exercise criminal jurisdiction over non-Indians who willingly enter tribal lands. For Native women—and the Tribal Nations that seek to protect them—the Court’s 2016 result in Dollar General signals a significant victory.

Community Outreach: Missing Native American Women

Monica Williamson

Please find the invitation for community outreach meetings in Washington regarding missing Native American women. Invite your community and anyone you think would like to join.

2018 TICA/ILPC Conference Nov. 14-16: Agenda and Registration

Kate Fort

The time has come yet again! The best conference around, held in beautiful East Lansing, Michigan during the best time of year, is now accepting registrations!

The conference page is here, which includes the agenda and a link to registration. TICA’s website is here.

In addition to two days of excellent presentations, this we have applied for CLE credits, including ethics and elimination of bias credits.  Also new this year is a bonus Title IV-E Families First panel on Wednesday, along with an in-house ICWA attorney meeting. Also on Wednesday is an open house/meet and greet for for tribes to recruit summer legal interns, and our welcome reception. Check out the agenda for details.

Our artist this year is Peter Boome.

Sponsors already include: Kewenvoyouma Law PLLC, Kogovsek & Associates, Hogen Adams, PLLC, Kilpatrick, Townsend & Stockton LLP, Woodsum Drummond, Sonosky, Chambers, Sachse, Endreson & Perry LLP, Fredericks Peebles & Morgan LLP, and Casey Family Programs. If you are interested in sponsoring a panel (or three), contact Kate Fort or Doreen McPaul (fort@law.msu.edu or Doreen.McPaul@pascuayaqui-nsn.gov). We absolutely cannot do the conference without these donations, and we are very thankful for them.

Follow us here, on Twitter, and especially on Instagram for updates, and additional acknowledgments of our sponsors! We are @ilpc_turtletalk

Tenth Circuit Decides Alabama-Quassarte Tribal Town v. United States

Matthew L.M. Fletcher

Here is the opinion in Alabama-Quassarte Tribal Town v. United States.

Briefs here.