cert petition

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.

 

SCOTUS Grants Cougar Den Tax Case; Denies Shingle Springs Gaming and Wind River Reservation Boundaries Cases; Issues CVSG in Ute Tribal Court Jurisdiction Matter

Matthew L.M. Fletcher

Here is today’s order list.

Here are the materials in the Cougar Den matter.

Here are the materials in the Shingle Springs matter.

Here are the materials in the Wind River matter.

Here are the materials in the Ute Tribe matter.

Citizen Potawatomi Nation v. Oklahoma Cert Petition [Liquor sales, gaming compact, arbitration]

Matthew L.M. Fletcher

Here:

cpn v okla cert petition

Question presented:

Whether the Court of Appeals erred in reversing the District Court’s confirmation and enforcement of the Arbitrator’s Award pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

Lower court materials.

UPDATE:

Oklahoma BIO

Cert Stage Briefs in Eastern Shoshone/Northern Arapaho Tribes v. Wyoming

Matthew L.M. Fletcher

Here:

northern arapaho tribe – cert petition

eastern shoshone tribe v. wyoming — cert. petition

amicus brief of ncai nos. 17-1159 and 17-1164

law profs amicus brief

us brief in opposition

riverton and fremont brief in opposition

wyfb brief in opposition

reply brief

Lower court materials in State of Wyoming v. EPA here.

Makah Whaling Cert Petition

Matthew L.M. Fletcher

Here is the petition in Makah Indian Tribe v. Quileute Indian Tribe & Quinault Indian Tribe:

2018-05-21 makah cert petition and appendix

Question presented:

The question presented is whether the Ninth Circuit—in conflict with the decisions of this Court and other courts—properly held the Treaty of Olympia confers this expansive “fishing” right.

Lower court materials in United States v. Washington subproceeding 09-01 here.

SG Recommends Grant in Washington State Dept. of Licensing v. Cougar Den Inc.

Matthew L.M. Fletcher

Here:

SG Brief

Update (5-30-18):

supplemental brief for respondent in response to brief of us solicitor general

Here are the materials in Washington State Dept. of Licensing v. Cougar Den Inc.

SCOTUS Asks for Views of the Solicitor General in Osage Wind LLC v. Osage Minerals Council

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials so far.

SCOTUS Denies Cert in New Mexico Public Service Co. v. Barboan

Matthew L.M. Fletcher

Yesterday’s order list is here.

Case materials are here.

Mildly Interesting SCOTUS Development: Bearcomesout Cert Petition

Matthew L.M. Fletcher

Here is the petition in Bearscomesout v. United States:

bearcomesout cert petition

Question presented:

Whether the “separate sovereign” concept actually exists any longer where Congress’s plenary power over Indian tribes and the general erosion of any real tribal sovereignty is amplified by the Northern Cheyenne Tribe’s Constitution in this case such that Petitioner’s prosecutions in both tribal and federal court violate the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution.

The Ninth Circuit’s unpublished opinion is here. We posted briefs in this case because the federal appellate defender characterized this case as a direct challenge to the applicability of the dual sovereign exception to double jeopardy as applied to Indian tribes.

SCOTUSBlog notes this case has been relisted, perhaps because a justice wants to write a dissent from denial of certiorari (Justice Thomas anyone?), but who knows?