cert petition – Turtle Talk

Notwithstanding the deference afforded to arbitration awards, arbitrators lack the power to facially invalidate federal and state statutes. Similarly, courts defer to Tribal interpretation of Tribal law, as a critical element of longstanding policies upholding and safeguarding Tribal sovereignty. Does an arbitrator exceed his authority when he facially invalidates a duly-enacted Tribal law, especially when a court would not do so and when he would not be permitted to invalidate a duly-enacted federal or state statute?

Lower court materials here. Ninth Circuit unpublished opinion here.

Diego Rivera at the Detroit Institute of Art

SCOTUS Denies Cert in U.S. v. Hopson (whether feds can prosecute lesser included offenses under MCA)

June 8, 2026Matthew L.M. Fletcher

Here is today’s order list.

Petition

BIO

Lower court decision here.

Hopson Brief in Opposition

May 14, 2026Matthew L.M. Fletcher

Here:

Brief in Opposition Download

Cert petition here.

Winnemucca Indian Colony v. United States Cert Petition

April 15, 2026August 27, 2026Matthew L.M. Fletcher

Here:

Winnemucca v US Cert Petition.pdf Download

Questions presented:

(1) Is the United States’ promise to provide the Winnemucca Indian Colony, a federally recognized Tribe with lands held in trust established by an Executive Order and a separate legislative act, coupled with the government’s nearly exclusive statutory and regulatory control over the water on Indian lands, sufficient to entitle an Indian tribe to money damages when the United States breaches its fiduciary duty to protect the natural resources on those Indian lands?

(2) Did the Federal Court of Appeals, Federal Circuit, err when it affirmed dismissal of the Winnemucca Indian Colony’s third claim for relief – Breach of Trust – Water?

(3) Can the Winnemucca Indian Colony state a cognizable claim for breach of trust against the United States in relation to BIA failure to prevent trespass and theft of natural resources by third parties, under the Winters doctrine and 25 C.F.R. § 152.22?

Lower court materials here.

Federal BIO.pdf Download

SCOTUS Denies Cert in Stroble v. Oklahoma Tax Commission

April 6, 2026Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials here, here, and here.

SCOTUS Denies Cert in Flying T v. Stillaguamish

March 30, 2026Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials in Flying T Ranch Inc. v. Stillaguamish Tribe of Indians here.

SCOTUS Denies Chinook Petition

March 23, 2026Matthew L.M. Fletcher

Here is today’s order list.

Petition here.

United States v. Hopson Cert Petition

March 6, 2026Matthew L.M. Fletcher

Here:

US Cert Petition Download

Question presented:

Whether respondents—Indians charged with felony assault in Indian country under the Major Crimes Act in violation of 18 U.S.C. 113(a)(6) and (8) and 1153(a)— were entitled both to a jury instruction on a lesser included offense not listed in the Major Crimes Act and complete acquittal if the jury found them guilty of that lesser offense.

Lower court materials here.