cert petition

Central New York Fair Business Assoc. v. Jewell Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Questions presented:

1) Does the Secretary of the Interior have unlimited authority pursuant to 25 U.S.C. § 465,25 U.S.C. § 9 and 43 U.S.C. § 1457 to promulgate and exercise the 25 CFR Part 151 regulations to acquire any fee land from state jurisdiction and place it into federal trust status?
2) Whether the Second Circuit misinterpreted the “fact” discussion in this Court’s majority opinion in City of Sherrill v. Oneida Indian Nation upholding its prior decision that the Oneida state Indian reservation was federal Indian country affecting the authority of the Secretary of the Interior to acquire 14,000 acres of fee land to place into federal trust in the Records of Decision prejudicing these petitioners in applying 5 U.S.C. § 706 in this case.
3) What is left of the Equal Footing Doctrine if the Secretary of the Interior can acquire fee land from the original colony of the State of New York and place it into federal trust for an Indian tribe to exercise jurisdiction over it as federal territorial land?
Lower court materials here.

Meyers v. Nicolet Restaurant Cert Petition

Matthew L.M. Fletcher

Here:

Meyers v Nicolet Restaurant Cert Petition

This is a companion to a petition involving the Oneida Tribe of Wisconsin.

 

SCOTUS Denies Cert in Alto v. Haugrud (San PascualDisenrollments)

Matthew L.M. Fletcher1 Comment

Here is the order list.

The cert petition is here: alto-cert-petition

Lower court materials here.

Sun v. Mashantucket Pequot Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

sun-cert-petition

Question presented:

If the District Court refuses Plaintiffs’ Motion to Reopen its case based squarely upon whether the case has no chance of succeeding on its merits, is it a violation of Plaintiffs’ Due Process rights for the District Court to ignore new precedent repeatedly brought to its attention that would allow Plaintiffs to succeed on the merits?

Lower court materials here.

Wisconsin Oneida Cert Opposition Brief in Meyers v. Oneida

Matthew L.M. Fletcher

Here:

Oneida Cert Opp

Petition here.

SCOTUS Denies Cert in Pala Band Disenrollment Challenge

Matthew L.M. Fletcher

Here is yesterday’s order list.

The cert stage materials in Aguayo v. Jewell are here.

Myton City v. Ute Indian Tribe Cert Petition

Matthew L.M. Fletcher

Here:

myton-city-cert-petition

Questions presented:

1. Did the court of appeals err in reassigning District Court Judge Bruce S. Jenkins for adhering to this Court’s verbatim holding in Hagen?
2. Did the court of appeals err by holding that the town of Myton, Utah, is not removed from Indian country for the purposes of criminal jurisdiction under 18 U.S.C. § 1151?
Lower court materials here.

Pala Band Disenrollment Cert Stage Materials

Matthew L.M. Fletcher1 Comment

Here are the cert stage materials in Aguayo v. Jewell:

Cert Petition

Amicus Brief

Lower court materials here.

Cert Opposition Briefs Filed in In re Alexandria P. SCOTUS Petition

Kate Fort

Briefs are here.

Case page is here.

This is the case out of the California Court of Appeals (California Supreme Court denied review) that garnered a lot of media attention regarding the change in placement of a Choctaw girl in foster care so she could go live with her relatives.

Meyers v. Wisconsin Oneida Cert Petition — Another Immunity Case

Matthew L.M. Fletcher2 Comments

Here is the petition in Meyers v. Oneida Tribe of Indians of Wisconsin:

Cert petition

Questions presented:

1. Whether Congress abrogated the sovereign immunity of an Indian tribe under 15 U.S.C. § 1681, et seq., by providing that “any…government” may be liable for damages.
2. Whether an individual who receives a computer generated cash register receipt displaying more than the last five digits of the individual’s credit card number and the card’s expiration date has suffered a concrete injury sufficient to confer standing under Article III of the United States Constitution.

Lower court materials here.