The cases denied were Cherokee Nation v. Bernhardt and Baley v. United States.
cert petition
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.
SCOTUSBlog Preview of McGirt Argument with Bob Anderson
Rebecca Nagle Repudiating Oklahoma’s Factual Claims in McGirt/Murphy
Bloomberg News Profile of McGirt Argument
Here is “Gorsuch Gets Moment as Decider in Case Evoking Trail of Tears.”
The briefs are here.
Cert Petition in Diné Citizens against Ruining Our Environment v. Navajo Transitional Energy Co. LLC [updated with additional cert stage materials]
Here:
Question presented:
Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.
Lower court materials here.
UPDATE:
FMC Corp. v. Shoshone-Bannock Tribes Cert Petition [Updated]
Here:
Questions presented:
1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.
2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.
Lower court materials here.
Update:
Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity
Here is the petition in Neff v. United States:
Questions presented:
1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?Lower court materials here.
Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]
Here is the petition in Bales v. United States:
Question presented:
Whether, against the legal backdrop of Congress’s and this Court’s recognition of the primacy of state law to determine, quantify, and administer water rights, a federal court may deem federal agency regulatory action under the Endangered Species Act to constitute the adjudication and administration of water rights for tribal purposes.
Lower court materials here.
Update:
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