McGirt v. Oklahoma Background Materials

Merits Briefs:

Petitioner’s Brief

Amicus Briefs in Support of Petitioner:

2020 02 11 Amicus Brief Brad Henry et al

2020 02 11 Amicus Brief Historians Legal Scholars Cherokee Nation

2020 02 11 Amicus Brief National Ass’n Criminal Defense Lawyers

2020 02 11 Amicus Brief National Indigenous Women’s Resource Center et al

2020 02 11 Amicus Brief NCAI

2020 02 11 Amicus Brief of Muscogee Creek Nation

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Amicus Briefs in Support of Respondent:

Cert Stage Materials:

mcgirt-cert-petition.pdf

appendix.pdf

oklahoma-brief-in-opposition.pdf

 

Native Wholesale Supply v. California ex rel. Becerra Cert Petition

Here:

Native Wholesale Petition

Appendix

Questions presented:

1. Whether a contract for the purchase of goods entered into, and fully performed by, an Indian Tribe outside the exterior boundaries of the state in which the Tribe’s reservation is located can constitutionally subject the out of state vendor to the specific personal jurisdiction of the buyer’s state, under state laws purporting to regulate the sale of those goods in the buyer’s state.
2. Whether a state has specific personal jurisdiction to regulate a purchase of goods contract between an Indian on an Indian reservation outside the state and an Indian Tribe located within the state’s boundaries when the contract is performed on the
out of state Indian reservation.
3. Whether there is a constitutional or statutory right afforded to an Indian of one tribe to conduct business free from state regulation with an Indian of a different tribe, both of which are located in Indian country, under the Indian Commerce Clause.
4. Whether a tribally chartered corporation wholly owned by a member of a federally recognized Indian Tribe is an Indian for purposes of the protections afforded to Indians under federal law.

Lower court materials here.

Pinoleville Pomo Nation v. JW Gaming Development LLC Cert Petition

Here:

petition-for-a-writ-of-certiorari.pdf

appendix.pdf

Question presented:

Whether an Indian tribe’s governing body can be stripped of its sovereign immunity from suit for actions taken by its members in their official capacities, as long as a plaintiff merely names the members individually and those officials will be bound by any judgment entered.

Lower court materials here.

Cherokee Nation v. Bernhardt Cert Petition over United Keetoowah Band Trust Land Acquisition

Here is the petition:

cert-petition-1.pdf

Questions presented:

1. Whether the Secretary of the Interior exceeded his statutory authority by taking land located within the reservation boundaries of one Indian Tribe and placing the land in trust for another Tribe, despite the objections of the first Tribe and in violation of a regulatory prohibition and the United States’ treaty promises to the first Tribe.

2. Whether the Court should hold this petition pending its disposition of Maine Community Health Options v. United States, No. 18-1023 (argued Dec. 10, 2019), because this case raises the same issue concerning implied repeals effected by appropriations laws and the proper standard for determining what law to apply.

Lower court materials here.

Cert Petition in McMahon v. Chemehuevi Indian Tribe

Here is the petition:

cert-petition.pdf

appendix.pdf

Questions presented:

1. Under Barker v. Harvey, 181 U.S. 481 (1901) and United States v. Title Insurance & Trust Co., 265 U.S. 472 (1924), did the Chemehuevi Indian Tribe’s failure to file a land claim under the 1851 Act extinguish any of the Tribe’s rights as to Section 36 as conveyed to the State of California for school purposes under the Enabling Act of 1853?

2. Given that this Court has found that states take title to property under the Enabling Acts subject to aboriginal title only where a preexisting treaty has preserved the aboriginal title, does the absence of any Chemehuevi Indian Tribe reservation at the time Section 36 was conveyed to the State of California under the Enabling Act of 1853 bar any claim by the Tribe or its members that Section 36 constitutes Indian country?

3. Does the Appropriation Doctrine bar any claim by the Chemehuevi Indian Tribe or its members that the 1907 Secretarial Order could transfer Section 36 to the Tribe after the property had already been conveyed to the State of California for school purposes under the Enabling Act of 1853?

Lower court materials here.

Update:

Cert Opp

Reply

SCOTUS Grants Cert in McGirt v. Oklahoma [Creek Reservation Boundaries Criminal Appeal]

Here are the cert stage materials in McGirt v. Oklahoma:

mcgirt-cert-petition.pdf

appendix.pdf

oklahoma-brief-in-opposition.pdf

Friday’s order list here.

News coverage here and here.

SCOTUS Denies Cert in Knighton v. Cedarville Rancheria

Here is the order list.

Cert stage materials here.

Lower court materials here.

Kurowski v. Kurowski Cert Petition

Here:

Cert Petition

Appendix

Questions presented:

Upon tribal court exhaustion must District Courts perform a threshold inquiry to protect the Indian Petitioners’ federal 25 U.S.C. § 1302 rights?