Culverts cert petition filed

The State of Washington has petitioned for cert. in the Culverts case. The cert. petition is available here.

Great Plains Lending v. Consumer Financial Protection Board Cert Petition

Here:

Cert Petition

Question presented:

Whether a generally applicable federal statute, which is silent as to its applicability to Indian Tribes, should nevertheless be presumed to apply to Tribes.

Lower court materials here.

 UPDATE:

Town of Aquinnah v. Wampanoag Tribe of Gay Head (Aquinnah) Cert Petition

Here:

Town of Aquinnah’s Cert Petition 

Commonwealth of Massachusetts Cert Petition

Question presented:

Whether the Indian Gaming Regulatory Act, a statute of general application, impliedly repealed other federal statutes that specifically subject Indian tribes to state restrictions on gaming, a question that has divided the courts of appeals.

Lower court materials here.

UPDATE:

Aquinnah Cert Opp

Reply

French v. Starr Cert Petition (+ Cert Opp)

Here:

Cert Petition

Lower court materials here.

Update:

Cert Opp

Reply

Cert Petition Filed in ICWA Case out of Arizona

Here is the petition in S.S. v. The Colorado River Indian Tribes. Goldwater has filed cert on an Arizona Court of Appeals case the Arizona Supreme Court refused to review. Here is the Court of Appeals case.

Sorry for the delay in posting–I’m spending a few days trying to forget Goldwater exists.

Hackford v. Utah Cert Petition (Ute Reservation Boundaries)

Here:

Hackford v Utah Cert Petition

Questions presented:

1. Whether the Acts of Congress, authorizing the President to set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or for general agricultural development, diminished the Uintah and Ouray Reservation.

2. Whether as used in 18 U.S.C. § 1151(a), the term “Indian Country” includes the National Forest land, and the right of way running through the National Forest lands where the alleged criminal conduct occurred, for purpose of federal criminal jurisdiction.

Lower court materials here.

SCOTUS Denied Cert in Challenge to Oneida Trust Land Acquisition on Monday (Central New York Fair Business Assoc. v Zinke)

Missed it. Sorry. 🙂

Here’s the order list from Monday.

Petition is here.

Upright Citizens Brigade Cert Petition Challenging Indian Rights

Say it isn’t so Amy Poehler!UCB2

Actually, the petition is captioned Upstate Citizens for Equality v. United States:

Cert Petition

Questions presented:

1. Can Congress in the exercise of its Article 1 powers infringe, reduce or diminish the territorial integrity of a State without its prior consent?
2. Does Congress possess plenary power over Indian affairs and if so does it expand the Indian Commerce Clause to authorize the displacement of State rights to territorial integrity?
3. Does the land acquisition in this case via the mechanism of 25 USC § 465 (now 25 USC § 5108), represent a violation of the limits inherently expressed in the Indian Commerce Clause that limit Congress’ power to ‘regulate’ ‘commerce?’
4. Does the 300,000-acre ancient Oneida Indian reservation in New York still exist?

Lower court materials here.

Update (7/7/17)– the adults have entered the room — here is the federal government’s cert opp brief:

Cert Opp

 

Cert Petition Filed in Case Challenging Constitutionality of SBA Section 8(a)

Here is the petition in Rothe v. Dept. of Defense:

Cert Petition

Questions presented:

1. Whether a statutory program that requires an agency to distribute benefits to “socially disadvantaged individuals,” and defines “socially disadvantaged” in terms of membership in certain racial minority groups, classifies on the basis of race and is thus subject to strict scrutiny.
2. Whether a statute that may not classify exclusively on the basis of race, but uses race as a factor in determining eligibility for benefits, is subject to strict scrutiny.

Lower court opinion here.

SCOTUS Denies Cert in Sun v. Mashantucket

Here is today’s order list.

Cert petition here.