cert petition

Royal v. Murphy Brief in Opposition

Matthew L.M. Fletcher

Here:

Murphy BIO FINAL

Cert petition is here.

Fort Peck Housing Authority v. HUD Cert Petition

Matthew L.M. Fletcher

Here:

Fort Peck Cert Petition

UPDATE:

Cert Opp

Reply

Question presented:

Whether an action for the restoration of grant in aid funds illegally recouped by the United States constitutes a suit for specific relief such that the United States’ sovereign immunity is waived pursuant to the Administrative Procedure Act, 5 U.S.C. § 702, or whether it is a suit for money damages, barring relief in the federal district courts.

Lower court materials.

Cert Opposition Brief in N.M. Public Service Co. v. Barboan & Navajo

Matthew L.M. Fletcher

Here:

cert opposition[Navajo]

US Cert Opp

Cert petition here.

Poarch Band of Creek Indians v. Wilkes Cert Stage Materials

Matthew L.M. Fletcher

Here:

Poarch Band et al v Wilkes petition for writ

17-1175 Indian Law Scholars amicus brief

UnitedSouthandEasternTribes inc.

wilkes brief in opposition

Reply

sg-invitation-brief-1.pdf

17-1175SupplementalBriefForRespondents

Petitioners Supplemental Brief

Lower court materials here.

Tavares v. Whitehouse Cert Petition Denied

Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials here.

In re B.B./R.K.B. v. E.T. Cert Denied

Kate Fort

This morning the Supreme Court denied cert in the Utah Supreme Court case establishing a federal standard of reasonableness for a putative father to acknowledge or establish paternity.

Case page here.

Order list here.

Sharp Image v. Shingle Springs Cert Petition

Matthew L.M. Fletcher

Here is the petition captioned Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians:

petitionforawritofcertiorari

Question presented:

Whether a collateral agreement to a management contract for an Indian gaming operation is subject to approval by the National Indian Gaming Commission only if the collateral agreement itself provides for management of all or part of the operation.

Lower court materials here.

Harvey v. Ute Indian Tribe Cert Petition

Matthew L.M. Fletcher

Here:

Harvey v. Ute et al. Petition

Questions presented:

1.Whether the tribal remedies exhaustion doctrine, which requires federal courts to stay cases challenging tribal jurisdiction until the parties have exhausted parallel tribal court proceedings, applies to state courts as well.

2.Whether the tribal remedies exhaustion doctrine requires that nontribal courts yield to tribal courts when the parties have not invoked the tribal court‘s jurisdiction.

Lower court materials here.

UPDATES:

cert opp brief

Reply

SG Brief [Ute]

Petitioners Supplemental Brief

National Mining Assn v. Zinke Cert Petition [Grand Canyon Uranium Mining]

Matthew L.M. Fletcher

Here:

NMA Petition

Question presented:

Can Congress’s delegation to the Department of the Interior of withdrawal authority over large tracts of land survive without the legislative veto right that Congress included as a check on the exercise of that authority?

Lower court materials here.

Update:

Cert Opp

Eastern Shoshone Tribe v. Wyoming Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

Whether Congress clearly intended in 1905 to di- minish the Wind River Reservation in Wyoming, home to the Eastern Shoshone Tribe.

Lower court materials here.

UPDATE:

indian law profs amicus