cert petition

SCOTUS Denies Cert in FMC Corp. v. Shoshone-Bannock Tribes

Matthew L.M. Fletcher

Here is today’s order list.

The cert stage briefs in the FMC case are here.

Lower court materials here.

SCOTUS Grants CARES Act Cases

Matthew L.M. Fletcher

Here is today’s order list. The Court granted the consolidated cases of Mnuchin v. Confederated Tribes of the Chehalis Reservation and Alaska Native Village Corporation Assn. v. Confederated Tribes of the Chehalis Reservation.

Here are the cert stage briefs.

Here are the lower court materials.

Club One Casino v. Bernhardt Cert Petition [North Fork Rancheria]

Matthew L.M. Fletcher

Here is the petition in Club One Casino Inc. v. Bernhardt:

Club One Petition for Writ of Certiorari

Appendix

Lower court materials here and here.

Update:

Brief in Opposition

Reply

Cert Stage Briefs in CARES Act Funding Eligibility Matter [Mnunchin v. Chehalis/ANVC v. Chehalis]

Matthew L.M. Fletcher

Here:

Mnuchin v Chehalis Cert Petition

Alaska Native Corps Cert Petition

Members of Congress Amicus Brief

State of Alaska Amicus Brief

Chehalis Brief in Opposition

Ute Tribe BIO

Cheyenne River Sioux BIO

ANVCA Reply

Federal Petitioner’s Reply

Lower court materials here.

Church Parishioners Cert Petition in Seminole Tribe Immunity Case

Matthew L.M. Fletcher

Here is the petition in Eglise Baptiste Bethanie De Ft. Lauderdale Inc. v. Seminole Tribe of Florida:

Eglise Baptiste v Seminole Cert Petition

Questions presented:

(1) Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the “place of religious worship” provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) (“the Access Act”)?
(2) Are the “place of religious worship” and civil remedies provisions of the Access Act, as applied to a congregational leadership dispute, unenforceable because those provisions violate the Establishment of Religion and Free Exercise of Religion Clauses of the First Amendment to the United States Constitution?

Lower court materials here.

Update:

Seminole BIO

US Amicus Brief in FMC Corp. v. Shoshone-Bannock Tribes

Matthew L.M. Fletcher

Here:

US Invitation Brief

Cert stage materials here.

Yakama Nation Cert Petition in Dispute with Yakima County over Criminal Jurisdiction

Matthew L.M. Fletcher

Here is the petition in Confederated Tribes and Bands of the Yakama Nation v. Yakima County:

Yakama Nation Cert Petition

Question presented:

The United States reassumed Pub. L. 83-280 criminal jurisdiction over crimes involving Indians within the Yakama Reservation from the State of Washington pursuant to 25 U.S.C. § 1323, on April 19, 2016. Years later, federal officials re-interpreted the scope of that federal reassumption to allow the State of Washington to once again exercise criminal jurisdiction over Indians within the Yakama Reservation any time a non-Indian is involved in the crime.The question presented is:

Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1323 without the Yakama Nation’s prior consent required by 25 U.S.C. § 1326?

Lower court materials here.

Update (3/4/21):

Brief in Opposition

Update (3/16/21):

Yakama Reply

SCOTUS Denies Cert. in Muckleshoot v. Tulalip

Matthew L.M. Fletcher

Here is today’s order list.

Here are the materials.

Cert Stage Briefs in United States v. Cooley

Matthew L.M. Fletcher

Here:

Cert Petition

Respondent Brief in Opposition to Petition for a Writ of Certiorari

Cooley Cert Reply

Federal Govt. Brings Cert Petition on CARES Act Funding Eligibility

Matthew L.M. Fletcher

Here is the petition in Mnuchin v. Confederated Tribes of the Chehalis Reservation:

Mnuchin v Chehalis Cert Petition

Question presented:

Whether Alaska Native regional and village corporations established pursuant to the Alaska Native Claims Settlement Act are “Indian Tribe[s]” for purposes of the CARES Act, 42 U.S.C. 801(g)(1).

The Alaska Native Corps petition is here.

Lower court materials here.