cert petition

King Mountain Tobacco v. US Cert Petition

Matthew L.M. Fletcher

Here:

cert petition

Questions presented:

1. Whether the Ninth Circuit erred in holding that the Yakama Treaty must include  express exemptive language” to create an exemption from a federal tax or fee. 

2. Whether the Ninth Circuit erred in holding that the federal tobacco excise tax, 26 U.S.C. § 5701-5703, and the Fair and Equitable Tobacco Reform Act (“FETRA”), 7 U.S.C. § 518-519, apply to the Yakama Indians even though (1) the Yakama Treaty creates a right to travel in order to protect the Yakama Indians’ ability to trade and (2) these taxes and fees are triggered by the transport of goods – rather than by sale or manufacture.

Lower court materials here. Case tag here.

Update:

us-brief-in-opposition.pdf

Miccosukee Per Cap Taxation Cert Petitions

Matthew L.M. Fletcher

Here is the petition in Miccosukee Tribe of Indians of Florida v. United States:

cert-petition-1-1.pdf

Question presented:

The 2014 Tribal General Welfare Exclusion Act states that, for income tax purposes, “[g]ross income does not include the value of any Indian general welfare benefit.”

The question presented is whether contrary to that plain command, gross income includes “Indian general welfare benefits” when those benefits are derived from gaming revenue pursuant to the 1988 Indian Gaming Regulatory Act.

Here is the petition in Jim v. United States:

cert-petition-2-1.pdf

Questions presented:

Whether treaties with Indian tribes must be construed consistent with that tribe’s present-sense understanding of the treaty.

Whether the Miccosukee Tribe’s long-standing method of compensation for use of Tribal member lands and distributing revenue from land to its members can be considered a “mere formalism” to avoid inclusion and taxation as income to the members when the Tribe’s chosen method of compensation is soundly in line with federal law and policy.

Whether the Assistant Secretary of the Interior through its designated representative can interpret, waive, modify or exempt payments made to tribal members from inclusion as income.

Lower court materials here.

UPDATE:

US BIO

McNeal v. Navajo Nation Cert Petition

Matthew L.M. Fletcher

Here:

cert-petition-2.pdf

Question presented:

Whether the Tenth Circuit panel violated the current jurisprudence of this Court and the Congressional policy underlying IGRA by precluding the Nation from exercising its sovereign authority to permit a patron’s tort claim against the Nation and its gaming facility to be brought in state court without express congressional permission.

Lower court materials here.

UPDATE (3/14/19):

Navajo BIO

St. Regis Mohawk v. Mylan Pharma Cert Petition

Matthew L.M. Fletcher

Here:

cert-petition-1.pdf

Question presented:

Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted.

Lower court materials here.

Update:

Mylan BIO

St. Regis Reply

Casino Pauma v. NLRB Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Should this Court reconsider Chevron?

2. Does the National Labor Relations Act apply to Indian tribes? 

3. Does the employee-to-employee solicitation rule in Republic Aviation empower employees to solicit customers in business “guest areas” like restrooms and restaurants?

Lower court materials here.

SG Recommends Denial in Osage Wind and Ute Tribal Exhaustion Cases

Matthew L.M. Fletcher

Here is the government’s invitation brief in Harvey v. Ute Indian Tribe:

SG Brief [Ute]

Here is the government’s brief in the Osage Wind matter:

SG Brief [Osage]

Opposition Briefs in Stand Up For California v. Dept. of Interior

Matthew L.M. Fletcher

Here:

North Fork Rancheria Opposition Brief

US Opposition Brief

UPDATE 12/12/18): Reply

Cert petition here.

SCOTUS Denies Cert in Citizen Potawatomi Matter

Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials here.

No Grants, 1 CVSG from SCOTUS Long Conference

Matthew L.M. Fletcher

Here is today’s order list.

The Court denied cert in Lummi Tribe v. US, County of Amador v. DOI, Fort Peck v. HUD, and Makah v. Quileute.

The Court asked for the views of the Solicitor General in Poarch Band v. Wilkes.

Stand Up For California v. Dept. of Interior Cert Petition

Matthew L.M. Fletcher

Here:

sufc cert petition

Questions presented:

1. This case presents the question whether the Secretary may conclude that a casino “would not be detrimental to the surrounding community” despite uncontroverted evidence the casino will have unmitigated detrimental impacts to the community.

2. This case presents the question whether multiple Indians residing on the same reservation are, per se, an “Indian tribe” irrespective of the individual Indians‘ tribal affiliations, if any.

Lower court materials here.