cert petition

SCOTUS Cert Stage Materials in Turtle Mountain Ojibwe Efforts to Uncover Republican Legislators’ Racial Animus

Matthew L.M. Fletcher

Here are the cert stage materials in Turtle Mountain Band of Chippewa Indians v. North Dakota Legislative Assembly:

Cert Petition

Republican Governors Amicus Brief in Opposition

Questions presented:

1. Should this Court vacate the Eighth Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)? 2. Are state legislators absolutely immune from civil discovery, including from producing documents and communications that involved or were shared with third parties, or is the state legislative privilege a qualified one, based on principles of comity, that yields where important federal interests are at stake?

Lower court materials here.

No Casino in Plymouth v. NIGC Cert Petition

Matthew L.M. Fletcher

Here:

cert-petitionDownload

Questions presented:

  1. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to DOI’s approval of a trust transfer for the Ione Band which was not a recognized tribe in 1934 as required by the IRA?
  2. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to NIGC’s authority to approve a gaming ordinance for the Ione Band which has no Indian lands as defined by IGRA?
  3. Did the Ninth Circuit err when it dismissed plaintiffs’ claim that federal acknowledgement as a tribe under 25 CFR Part 83 is a prerequisite for the Ione Band to receive IRA and IGRA benefits?

Lower court materials here.

West Flagler v. Haaland Cert Petition

Matthew L.M. Fletcher

Here:

West Flagler Cert Petition.pdfDownload

Questions presented:

1. Whether IGRA authorizes the approval of a compact that purports to allow for an online sports gambling monopoly throughout the state and off Indian lands.

2. Whether an IGRA compact violates the Unlawful Internet Gambling Enforcement Act if it provides for internet sports betting that is unlawful where many of the bets are placed.

3. Whether the Secretary’s approval of a tribalstate compact violates equal protection principles where it provides a specific tribe with a monopoly on online sports gaming off tribal lands, while state law makes that conduct a felony for everyone else.

Lower court materials here.

Littlefield v. DOI Cert Petition

Matthew L.M. Fletcher

Here:

Littlefield Cert Petition.pdfDownload

Questions presented:

Whether the decision of the court of appeals conflicts with Carcieri?

Lower court materials here.

Second Klamath Irrigation District v. Bureau of Reclamation Cert Petition [McCarren Act Issues]

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Question presented:

Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarran Amendment by asserting defenses based on federal law.

The first petition is here.

Bird v. Three Affiliated Cert Petition [sovereign immunity]

Matthew L.M. Fletcher

Here is the petition in Bird v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation:

Bird Cert Petition.pdfDownload

Question presented:

Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Eighth Circuit materials:

Bird CA8 Brief.pdfDownload
MHA Nation CA8 Brief.pdfDownload
Bird CA8 Reply.pdfDownload

District court materials here.

Sauk-Suiattle v. Seattle Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

  1. Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
  2. Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
  3. Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.