How Is This Not the Most Degrading Moment in the History of the Federal Judiciary?

Matthew L.M. Fletcher

Here is “It’s ‘The Apprentice, Supreme Court Edition,’ as Trump Summons Finalists to White House.”

The nominees should walk away from this spectacle with their dignities intact.

Justice Sotomayor on Diversity at Michigan Law School (and all law schools)

Matthew L.M. Fletcher

Here is “Justice Sotomayor says lack of black students at UM ‘a real problem.'” HT How Appealing.

An excerpt:

“We are making large improvement towards that kind of equality, but we’re still far from it when you look at the number of African Americans at the University of Michigan, there’s a real problem there,” Sotomayor said.

 

Effort to Reopen Keepseagle Settlement Fails

Matthew L.M. Fletcher

Here is the opinion in Smallwood v. Yates (D.D.C.):

smallwood-v-yates

NYTs Profile of One Mind Youth Movement

Matthew L.M. Fletcher

Here is “The Youth Group That Launched a Movement at Standing Rock.”

Tribal Amicus Brief in Challenge to EPA Mercury Rule

Matthew L.M. Fletcher

Here is the brief in Murray Energy Corp. v. EPA (D.C. Cir.):

tribal-amicus-brief

Tribal Amicus Brief FINAL

Fred Kiogima: “Guest commentary — Tribe’s lawsuit is not about taking property”

Matthew L.M. Fletcher

In the Petoskey News-Review here.

An excerpt:

In closing, Mr. Carlson, as you are a former mayor of Petoskey and a contributing columnist for the Petoskey News-Review, you should be well aware that facts are the most important detail. Mr. Carlson, I can assure you that the Odawa are a resilient people. We have been here for tens of thousands of years. We are Anishinaabek (the original people). Our language is Anishinaabemowin and we strive every day to not forget who we are and pass it on to our binoojiinhak (children).

As Americans, we have just witnessed a divisive and racially charged presidential election. We in Northern Michigan should strive to be more neighborly, inclusive and understanding of each other. We work together, pray together, suffer together, our children even play together. The Odawa language is taught in high school and at North Central Michigan College.

Yes, we are family, and if we all strive to be good and better neighbors, listen and learn from one another without judgment, then we all win.

Mino-biimadziwin. 

Federal Court Finds Sac and Fox Nation Police Officer Covered by FTCA

Matthew L.M. Fletcher

Here are the materials in Richie v. United States (W.D. Okla.):

12-motion-to-dismiss

16-response

19-reply

25-us-supplemental-brief

27-dct-order

An excerpt:

The Court, therefore, finds that assisting, when requested, a local law enforcement agency in the enforcement or carrying out of the laws the agency enforces would be encompassed within the law enforcement services included in the Compact and the AFAs. The Court further finds that Eversole’s actions of responding to a Stroud officer’s request for assistance would be encompassed by the Compact and the AFAs.

Michael Nutter: “President Trump, we know what you’re up to”

Matthew L.M. Fletcher

Here. 

National Council for Adoption Case Vacated and Remanded

Kate Fort

This case was the challenge to the 2015 BIA ICWA Guidelines. The case was dismissed at the district court level, and NCFA appealed the case to the Fourth Circuit. Earlier this week, the appellants motioned to vacate, and today the court granted it. Given the BIA withdrew the 2015 Guidelines and they are no longer in effect, this makes sense.

Motion to Vacate

Order

This does mean the lower court decision is no longer precedent, to the extent we used it as such.