Here are the materials in Flandreau Santee Sioux Tribe v. Gerlach (D. S.D.);:
38 Motion for Judgment on the Pleadings
50 Flandreau Motion for Judgment on the Pleadings
51 Opposition to Flandreau Motion
We posted the complaint here.
News Coverage of Goldwater (ICWA Litigation) Hearing
News coverage that confirms all accounts we received that this was a very difficult and discouraging hearing.
This hearing was on DOJ’s motion to dismiss the Goldwater ICWA litigation, which is contesting the constitutionality of ICWA. Relevant documents are here.
In response to questions we’ve been getting–this hearing was only on the government’s motion to dismiss. By the looks of it, the judge is not likely to dismiss the case at this point. Next up in the litigation is a fight over class certification, which the judge was delaying full briefing on until after the decision on the motion to dismiss. There will also be rulings on Navajo Nation and Gila River’s motions to intervene. Short answer to what the hearing likely means–this is looking like a long slog. We would really love to be wrong.
Garrett Epps on the Limits of the Constitution to Govern the US
Very interesting essay, frankly acknowledging the limitations of both the Constitution to govern and the Supreme Court to decide matters involving Indian country.
From the Atlantic, here is “Can the Constitution Govern America’s Sprawling Empire?”
Kansas’ Challenge to Quapaw Trust Land Acquisition Dismissed
Here are the materials in State of Kansas ex rel. Schmidt v. National Indian Gaming Commission (D. Kan.):
Nooksack Tribe Countersues Proposed Disenrollees on Voting Rights
Here is the pleading from Belmont v. Roberts (Nooksack Tribal Court):
Ninth Circuit Denies En Banc Review in Pauma Compact Dispute, Issues Amended Order
Here is the amended order in Pauma Band of Luiseño Indians v. State of California.
En banc petitions here:
San Juan County Ordered To Create New School Board Election Districts by January 28th, 2016
Link to press release from Navajo Nation DOJ here.
Previous posts about the case here.
Excerpt:
Leonard Gorman, Executive Director of the Navajo Nation Human Rights Commission, attended the status conference and said, “We are very pleased with how the hearing went yesterday. It was great that Judge Shelby agreed that Navajo voters in San Juan County should not have to tolerate violations of their constitutional rights through another election cycle. We are especially grateful to Judge Shelby for establishing a firm deadline for fixing the County’s illegal School Board election districts.”
Federal Court Issues Order in Penobscot River Dispute
Cert Petition (Yes, Another One) in Challenge to Crow Water Settlement
Here is the petition in Crow Allottees v. Dept. of Justice:
Question presented:
Can the water rights owned by individual Crow Indian allottees – which this Court in United States v. Powers, 305 U.S. 527 (1939) recognized as distinct individual rights, separate from water rights possessed by the Crow Tribe – be awarded to the Crow Tribe in negotiations between the United States, the tribe, and the State of Montana?Further, do the Montana Courts have jurisdiction to decide these questions of federal law related to allottees’ rights?
Lower court materials: briefs, Mont SCT Opinion.
Related federal court materials here.
Published ICWA Notice Case out of California
Here is the opinion in In re D.C.:
Turtle Talk 
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