cert petition

Martorello v. Williams Cert Petition [tribal sovereign lending]

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

1. Whether the Indian Commerce Clause preempts state regulation of loans made on an Indian reservation, by an arm of a tribe, when the borrower contracts via the internet.

2. Whether a violation of the unlawful debt prohibition of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962, requires scienter for civil liability.

Lower court materials here.

Someone’s either been playing Galaga or reading Gorsuch, or both.

FlintCo LLC v. Choctaw Nation of Oklahoma Cert Petition

Matthew L.M. Fletcher

Here:

FlintCo PetitionDownload

Prior post here.

Briefs in Opposition to Alaska’s Effort to Once Again Open Up the Alaska Native Subsistence Rights Litigation

Matthew L.M. Fletcher

Here are the new briefs in Alaska v. United States:

Federal BIO

Tribal BIO

Cert petition here.

OMG this is ridiculous.

Stroble v. Oklahoma Tax Commission — State Brief in Opposition to Cert

Matthew L.M. Fletcher

Here:

Oklahoma Brief in Opposition

Cert petition here. Amicus briefs in support of the petition here.

Sault Tribe v. Michigan — Briefs in Opposition to Cert

Matthew L.M. Fletcher

Here:

Federal Brief in Opposition

Tribal Brief in Opposition

Petition here.

Stroble v. Oklahoma Tax Commission Amicus Briefs in Support of Petition

Matthew L.M. Fletcher

Here:

Muscogee (Creek) Nation Amicus Brief.pdfDownload
NCAI Amicus Brief.pdfDownload
Cherokee Chickasaw Choctaw Amicus Brief.pdfDownload
Seminole Nation Amicus Brief.pdfDownload

Petition here.

Siletz Takes Unusual Step of Filing an Amicus Brief in Opposition to Chinook’s Federal Recognition Cert Petition Where Feds Had Already Declined to Respond

Matthew L.M. Fletcher

Here is the brief in Chinook Indian Nation v. Burgum:

Siletz Amicus BIO

Petition here.

SCOTUS Denies Unkechauge and Stitt Petitions [Update: And Maverick, too]

Matthew L.M. Fletcher

Here is the order list.

The Unkechauge petition is here.

The Stitt petition is here.

The Maverick petition is here. [Apparently, they changed their name to RunItOneTime, LLC, which alone is reason enough to deny their petition.]

These guys had nothing to do with it, but they’re cool.

Stroble v. Oklahoma Tax Commission Cert Petition

Matthew L.M. Fletcher

Here:

Stroble-v-OTC-PetitionForAWritOfCertiorariDownload

Question presented:

Whether Oklahoma may tax the income of a Muscogee (Creek) Nation citizen who lives and works within the Muscogee (Creek) Reservation that McGirt v. Oklahoma, 591 U.S. 894 (2020), held remains Indian country.

Lower court materials here.

Chinook Indian Nation v. Burgum Cert Petition [federal recognition]

Matthew L.M. Fletcher

Here:

Chinook v Burgum Cert PetitionDownload

Question presented:

Does a federal court have jurisdiction to recognize the existence of an Indian tribe where the findings in the Indian Tribe List Act, Public Law 103-454, sec. 103(3), provide that “Indian Tribes presently may be recognized by . . . a decision of a United States court,” and no other federal statute addresses the question of tribal recognition?

Lower court materials here.