cert petition – Page 2

Whether the District Court violated Petitioners’ due process rights by granting summary judgment without first fulfilling its gatekeeping obligation under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), to rule on the parties’ pending motions to exclude or limit expert testimony?

Whether the District Court erred by relying on the Respondents’ expert witness in its summary judgment decision without first addressing the Petitioners’ motion to exclude or limit Respondents’ expert’s testimony under Daubert?

Whether the District Court violated Petitioners’ due process rights by failing to conduct an in camera review of 4,780 documents withheld by Respondents under claims of privilege, despite having ordered such a review and having possession of the documents since May 2019?

Whether the Court improperly analyzed the Andros Treaty by not finding the Treaty ambiguous and conducting the Indian Canons analysis?

Whether the Court misapprehended the law in finding the Andros Treaty not valid under Federal law?

Lower court materials here.

SCOTUS Denies Cert in Apache Stronghold v. US over Lengthy Gorsuch Dissent

May 27, 2025Matthew L.M. Fletcher

Here is today’s order list, with the dissent beginning on page 6.

An excerpt:

While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations. Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less. They may live far from Washington, D. C., and their history and religious practices may be unfamiliar to many. But that should make no difference. “Popular religious views are easy enough to defend. It is in protecting unpopular religious beliefs that we prove this country’s commitment to . . . religious freedom.” Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 584 U. S. 617, 649 (2018) (GORSUCH, J., concurring).

Prior posts here,

Maverick Gaming LLP v. United States Cert Petition

May 16, 2025Matthew L.M. Fletcher

Here:

Maverick Cert Petition Download

Questions presented:

Whether Rule 19 requires dismissal of APA suits challenging federal agency action whenever a nonparty who benefited from that action asserts sovereign immunity.