Muckleshoot v. Tulalip U&A Cert Petition

Here is the cert petition in Muckleshoot Indian Tribe v. Tulalip Tribes:

Cert Petition

Question presented:

Whether the Ninth Circuit, in conflict with precedent of this Court and the D.C. Circuit, impermissibly narrowed a decades-old judicial decree so as to deprive Indian tribes of their ability to exercise treaty fishing rights.

Lower court materials here.

Update:

Brief in Opposition

United Parcel Service Inc. v. New York Cert Petition

Here:

UPS Cert Petition

Appendix

New York Brief in Opposition

Questions presented:

1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of “a quantity” of more than 10,000 untaxed cigarettes in the “possession” of unauthorized persons. 18 U.S.C. § 2341(2). The first question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold.
2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is “honored” nationwide. 15 U.S.C. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.

Second Circuit materials here:

CA2 Opinion

UPS Brief

New York Opening Brief

UPS Reply

New York Reply

DCT materials here.

SCOTUS Holds Creek Reservation is Indian Country

Here is the opinion:

McGirt Opinion

Briefs here.

In a separate order, the Court affirmed Sharp v. Murphy:

Murphy Order

United States Petitions for Cert in Case Involving Tribal Police Authority to Detain Non-Indians

Here is the cert petition in United States v. Cooley:

Cert Petition

Question presented:

Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.

Lower court materials here.

Update:

NCAI Amicus Brief

NIWRC Amicus Brief

Waiver of Response

SCOTUS Denies Cert in Noem v. Flandreau Santee Sioux Tax Case

Here is today’s order list.

Cert stage materials in Noem v. Flandreau Santee Sioux Tribe.

Rebecca Nagle Repudiating Oklahoma’s Factual Claims in McGirt/Murphy

Here is “Oklahoma’s Suspect Argument in Front of the Supreme Court — The state claims that affirming a reservation in eastern Oklahoma could lead to thousands of state criminal convictions being thrown out. But that argument doesn’t seem to be based on facts” from the Atlantic.

The briefs are here.