Turtle Talk

Split Ninth Circuit Panel Approves Voting Rules in Arizona Intended to Make Voting Harder for People of Color

September 13, 2018September 13, 2018Matthew L.M. Fletcher

Here is the opinion in Democratic National Committee v. Reagan.

An excerpt from Chief Judge Thomas’ dissent:

“No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live.” Wesberry v. Sanders, 376 U.S. 1, 17 (1964). Our right to vote benefits government as much as it benefits us: a representative democracy requires participation, and the people require representatives accountable to them. Arizona’s electoral scheme impedes this ideal and has the effect of disenfranchising Arizonans of African American, Hispanic, and Native American descent.

Arizona’s policy of wholly discarding—rather than partially counting—votes cast out-of-precinct has a disproportionate effect on racial and ethnic minority groups. It violates § 2 of the Voting Rights Act (“VRA”), and it unconstitutionally burdens the right to vote guaranteed by the First Amendment and incorporated against the states under the Fourteenth Amendment.

National Indian Law Library Bulletin (9/12/2018)

September 13, 2018Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/12/18.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)

http://www.narf.org/nill/bulletins/lawreviews/2018.html

• I see you- A story from the Haudenosaunee.

• Indian Child Welfare Act annual case law update and commentary.

• August 2016-August 2017 case law on American Indians.

• CDIB: The role of the certificate of the degree of Indian blood in defining Native American legal identity.

• Tribal Exclusion Authority: Its sovereign bases with recommendations for federal support.

• Native American rights and adoption by non-Indian families: The manipulation and distortion of public opinion to overthrow ICWA.

• Racial anxieties in adoption: Reflections on adoptive couple, white parenthood, and constitutional challenges to the ICWA.

Federal Courts Bulletin

http://www.narf.org/nill/bulletins/federal/2018.html

Forest County Potawatomi Community v. United States (Gaming Compact – Approval)
Kialegee Tribal Town v. Zinke (Jurisdiction; Indian Gaming Regulatory Act)

United States of America v. Uintah Valley Shoshone Tribe (Hunting and Fishing Rights)

Comanche Nation of Oklahoma v. Zinke (Lands; Gaming)

Tribal Courts Bulletin

http://www.narf.org/nill/bulletins/tribal/2018.html

Moon v. Hoopa Valley Tribe (Employment – Wrongful Termination)

State Courts Bulletin

http://www.narf.org/nill/bulletins/state/2018.html

In re E.H. (Indian Child Welfare Act – Notice)

News Bulletin

http://www.narf.org/nill/bulletins/news/currentnews.html

In the Environment and Energy section, we feature an article on a law suit filed by tribes against the Keystone XL pipeline permit.

U.S. Legislation Bulletin

http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html

The following bills were added:

S.717: POWER Act. (See Sec.2 [B])

H.R.6728: To protect Native children and promote public safety in Indian country.

Tulalip Indian Wrongful Death/County Police Excessive Force Case Heads to Trial

September 12, 2018September 12, 2018Matthew L.M. Fletcher1 Comment

Here are the materials in Lacy v. Snohomish County (Wash. Super. Ct.):

28 05-30-17 Second Amended Complaint

67 6-22-18 Defendant’s Motion for Summary Judgment

72 7-9-18 Plaintiff’s Response in Opposition to Defendant’s Summary Judgment Motion

74 7-16-18 Defendant’s Reply in Support of Motion for Summary Judgment

78 7-24-18 Order on Summary Judgment

84 8-3-18 Defendant’s Motion for Reconsideration and Clarification of the Court’s Order on Summary Judgment

95 8-9-18 Plaintiff’s Response to Motion for Reconsideration

96 8-14-18 Order Denying Motion for Reconsideration

98 8- 25-18 Motion to Stay Trial Date and Certify for Discretionary Review

104 8-31-18 Plaintiff’s Response to Motion to Stay Trial Date and Certify for Discretionary Review

105 9-5-18 Defendant’s Reply on Motion to Stay Trial Date and Certify for Discretionary Review

110 9-5-18 Order Denying Motion to Stay Trial Date and Certify for Discretionary Review

NARF Seeks Summer Law Clerk Applications for 2019 (Apply by 9/14/18)

September 12, 2018September 12, 2018802050david

Learn about these positions at the Native American Rights Fund website.

Michigan Radio Articles on Line 5

September 12, 2018Matthew L.M. Fletcher

Here is “Commenters oppose new Line 5 anchor supports, accuse state of ignoring concerns.”

And “Animation: Watch Line 5 accumulate 147 anchor supports in 16 years.“

New Mexico Indian Law Annual CLE Program

September 12, 2018Neoshia Roemer

The Indian Law Section of the New Mexico State Bar is hosting its annual CLE on Thursday, November 1, 2018 from 9am to 12:15pm. The Indian Law Section’s annual program will focus on topics that will help the Indian law practitioner on a daily basis. This program will include updates on legal developments in 2018, covering case law, statutes, regulations and executive actions. The program will also include a presentation on effective legal writing strategies and tips and cover legal ethics involved in practicing Indian law. To register, please click here.