Supreme Court Affirms Dismissal of Suit in Patchak v. Zinke

Opinion here.

THOMAS, J., announced the judgment of the Court and delivered an opinion, in which BREYER, ALITO, and KAGAN, JJ., joined. BREYER, J., filed a concurring opinion. GINSBURG, J., filed an opinion concurring in the judgment, in which SOTOMAYOR, J., joined. SOTOMAYOR, J., filed an
opinion concurring in the judgment. ROBERTS, C. J., filed a dissenting opinion, in which KENNEDY and GORSUCH, JJ., joined.

***

Petitioner, David Patchak, sued the Secretary of the
Interior for taking land into trust on behalf of an Indian
Tribe. While his suit was pending in the District Court,
Congress enacted the Gun Lake Trust Land Reaffirmation
Act (Gun Lake Act or Act), Pub. L. 113–179, 128 Stat.
1913, which provides that suits relating to the land “shall
not be filed or maintained in a Federal court and shall be
promptly dismissed.” Patchak contends that, in enacting
this statute, Congress impermissibly infringed the judicial
power that Article III of the Constitution vests exclusively
in the Judicial Branch. Because we disagree, we affirm
the judgment of the United States Court of Appeals for the
District of Columbia Circuit.

Previous posts here.

Patent Trial and Appeal Board Rejects Tribal Immunity

Here is the order in Mylan Pharmaceuticals v. St. Regis Mohawk Tribe:

Order

Materials here.

National Indian Law Library Bulletin (2/22/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 2/22/18.

U.S. Supreme Court Bulletin

http://www.narf.org/nill/bulletins/sct/2017-2018update.html

Petition for certiorari was denied in Renteria, et al. v. Superior Court of California, Tulare County, et al. (Indian Child Welfare Act) and in Norton, et al. v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al. (Jurisdiction) on 2/20/18.

Petition for certiorari was filed in Eastern Shoshone Tribe v. Wyoming, et al. (Reservation Boundaries – Diminishment) on 2/16/18.

Tribal Courts Bulletin

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

In re: Challenge to the Eligibility of Randy Junior White, Candidate for Council (Elections)

Diaz v. Mohegan Tribal Gaming Authority (Gaming; Personal Injury – Slip and Fall)

U.S. Federal Courts Bulletin

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

Chissoe v. Zinke (Fee-to-trust Acquisition)

News Bulletin

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

In the Health & Welfare section, we feature an article about Alaska transferring child welfare services for Native Alaskans to tribes.

Federal Court Rejects Trappers/Hunters Effort to Dismiss Challenge to Federal Implementation of Convention on International Trade in Endangered Species (Rule 19!)

Here are the materials in Wildearth Guardians v. United States Fish & Wildlife Service (D. Mont.):

75 Motion to Dismiss

79 Federal Response

80 Wildearth Guardians Response

84 Reply

94 DCT Order

Friday Job Announcements

Job vacancies are posted on Friday. Additional announcements may appear throughout the week. If you would like your Indian law or leadership job posted on Turtle Talk, please email indigenous@law.msu.edu.

DNA-People’s Legal Services, Inc.

Managing Attorney, Flagstaff, A.Z. The managing attorney is responsible for the management and oversight of the office they are assigned, including ensuring that office meets or exceed operational goals and objectives, providing necessary legal services for assigned cases, and liaising with the office staff to ensure effective client service business operations. At least three years of litigation experience preferred and should be licensed by the State Bar of Arizona.

Staff Attorney, Flagstaff and Tuba City, A.Z. The staff attorney will practice law on behalf of eligible clients. This attorney assists with prosecution of criminal cases in the Hopi Prosecutor Defender Office, and this attorney assists in civil cases for DNA offices. This position entails significant courtroom advocacy. Two years of litigation experience is preferred and should be licensed by the State Bar of Arizona.

Native Village of Eyak

Consultant , Cordova, A.K. The Native Village of Eyak is soliciting proposals for a consultant to assist in the development of an intensive outpatient treatment program for the Ilanka Community Wellness Center. Proposals must be received at the Native Village of Eyak Tribal Court office by 5:00pm Alaska time on March 1, 2018.

Grand Traverse Band of Ottawa & Chippewa Indians

Evaluator, Family Healing to Wellness Court, Peshawbestown, M.I. The Grand Traverse Band of Ottawa & Chippewa Indians is soliciting contractual-service proposals for an Evaluator to work in the Family Healing to Wellness Court under the court’s grant. The contractual services will start upon completion of contract negotiations and end on Sep. 30, 2019. Proposals will be accepted until 5:00pm EST on Wednesday, March 7, 2018.

Advocates for the West

Staff Attorney, Boise, I.D. Advocates for the West is a non-profit, public interest environmental law firm based in Boise. Currently, the firm is looking for a passionate and talented attorney to advocate for wild salmon and steelhead in Idaho and the Pacific Northwest. The Staff Attorney position has initial funding for two years, and Advocates for the West is looking for an attorney with one to five years of prior litigation experience.

Saginaw Chippewa Indian Tribe

Prosecutor, Mount Pleasant, M.I. The Prosecutor will work closely with tribal law enforcement and judicial officials to effectively administer justice on the Saginaw Chippewa Indian Reservation, prosecute crimes committed by Native Americans within the exterior boundaries of the Isabella Reservation, and act as Tribal Presenter in Child Abuse and Neglect cases.

Tribal Historic Preservation Office

Tribal Historic Preservation Officer, Shelbyville, M.I. The Tribal Historic Preservation Office is looking for a Preservation Officer to oversee and ensure the preservation, protection, and management of ancestors, sacred objects, archaeological sites, properties/traditional cultural places, and archives significant to Pottawatomi history and culture.

Fort McDowell Yavapai Nation

Deputy Prosecutor, Fountain Hills, A.Z. The Fort McDowell Yavapai Nation is looking for a Deputy Prosecutor to represent the Nation in all criminal, juvenile, dependency, and/or comparable actions. Applicants must be members of the State Bar of Arizona and have three years of responsible experience in criminal prosecution or defense of criminal cases. Applications close on March 8, 2018.

Little Traverse Bay Bands of Odawa Indians (Update)

Student Clerkship and Internship, Harbor Springs, M.I. The Little Traverse Bay Bands of Odawa Indians (LTBB) Tribal Court is seeking two summer law clerks, one paid and one funded through your school or other external sources.  The Tribal Court is a court of general jurisdiction hearing cases including, but not limited to: criminal, civil, drug court, domestic violence, eviction and children’s cases. Please email cover letters and resumes to Jody Gasco, jgasco@ltbbodawa-nsn.gov.

Other announcement(s) posted to Turtle Talk this week: Program Coordinator for NAICJA

Last week’s announcements: Feb. 16, 2018.

Eastern Shoshone Tribe v. Wyoming Cert Petition

Here:

Cert Petition

Question presented:

Whether Congress clearly intended in 1905 to di- minish the Wind River Reservation in Wyoming, home to the Eastern Shoshone Tribe.

Lower court materials here.

UPDATE:

indian law profs amicus

NCAI Webinar: Gun Purchases, Tribal Convictions, and Using the Instant Criminal Background Check System (Feb. 23 at 2pm)

Identifying dangerous persons across jurisdictions can help prevent needless tragedies. Keeping firearms away from persons who are legally prohibited from purchasing firearms requires collaboration across many jurisdictions—including tribal governments.  NCAI will be hosting a webinar on NICS, featuring a presentation from JoAnn Garrison, Liaison Specialist from the FBI NICS Business Unit. The webinar will provide an overview of NICS and the ten federal firearm prohibitions, and then explain how tribes can access and use NICS to protect tribal citizens form illegal gun possession. The discussion will primarily focus on the two federal prohibitions specific to domestic violence: the Misdemeanor Crime of Domestic Violence federal prohibition, 922(g)(9), and the Protection Order federal prohibition, 922(g)(8).  Attendees will gain knowledge of the role they play in sharing information needed to determine if a firearm transfer is disqualified under federal law as well as highlight the importance of sharing record information on a national level.

–You can register for the webinar here.–

The webinar will be recorded if you are not able to join. If you have any questions, please contact: Elizabeth Reese, erese@ncai.org.

Program Coordinator Job for NAICJA

JD preferred job, hiring now–Program Coordinator Position Announcement

Grand Traverse Band RFP: Healing to Wellness Court Evaluator

Here:

2018.02.19 RFP Evaluator (final)