SCOTUS Denies Cert in NLRB, Pauma, and Shinnecock Petitions

Here is the order list. 

Tunica-Biloxi Gaming Authority v. Zaunbrecher Cert Stage Briefs

Here:

Tunica Cert Petn

Question presented:

It is well established that “Indian tribes are domestic dependent nations that exercise inherent sovereign authority. Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe, 498 U.S. 505, 509, 111 S.Ct. 905, 112 L.Ed.2d 1112 (1991); Michigan v. Bay Mills Indian Community,_ U.S._, 134 S.Ct. 2024, 2030, 188 L.Ed.2d 1071 (2014). “Among the core aspects of sovereignty that tribes possess – subject, again, to congressional action – is the common-law immunity from suit traditionally enjoyed by sovereign powers …. That immunity, we have explained, is a necessary corollary to Indian sovereignty and selfgovernance.” Three Affiliated Tribes of Fort Berthold Reservation v. Wold Engineering, P.C., 476 U.S. 877, 890, 106 S.Ct. 2305, 90 L.Ed.2d 881 (1986). 

In Michigan v. Bay Mills Indian Cmty., supra, this Court explained that the “baseline position … is tribal immunity; and [t]o abrogate [such] immunity, Congress must unequivocally express that purpose …. That rule of construction reflects an enduring principle of Indian law: Although Congress has plenary authority over tribes, courts will not lightly assume that Congress in fact intends to undermine Indian selfgovernment.” (Citations omitted; internal quotation marks omitted.) Id., 134 S.Ct. at 2031-32.

Cert Opp

Lower court materials here.

SCOTUS Denies Cert in Seminole Tax, American Samoan Birthright Citizenship Cases

Here is the order list today. The Court denied cert in Seminole Tribe v. Biegalski. The petition and lower court briefs are here.

The Court also denied cert in Tuaua v. United States, the American Samoan birthright citizenship case.

Shinnecock Indian Nation v. New York Cert Stage Briefs

Here:

Shinnecock Cert Petition

15-1215acFederalIndianLawProfessors

NY Cert Opp

Shinnecock Indian Nation Reply Brief

Lower court materials here.

Cert Stage Briefs Complete in LRB & Soaring Eagle v. NLRB Petitions

Here they are for the LRB v. NLRB petition:

Little River Petition and Appendix COMBINED

US Cert Opposition

Little River Reply

Here they are for Soaring Eagle v. NLRB:

Saginaw Cert Petition and Appendix- Filed

US Cert Opposition

Saginaw Cert Reply FINAL

All the briefs are available here at the background materials page for these two cases.

These materials have been submitted for the June 23 Conference at the Supreme Court (docket page here and here).

SCOTUS Denies Cert in La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. Interior

Here is today’s order list.

Cert stage briefs here.

Lower court materials here.

SCOTUS Denies Cert in Seneca Gaming Case, Citizens Against Casino Gambling in Erie County v. Chaudhuri

Here is the order list today.

Briefs here.

United States Opposes Cert in NLRB Cases

Here are those briefs:

15-1024 Little River Band

15-1034 Soaring Eagle

Cert petitions are here and here.

California v. Pauma Cert Stage Briefs

Here are the briefs in California v. Pauma Band of Luiseño Mission Indians of the Pauma and Yuima Reservation:

Cal v Pauma Cert Petn

Pauma Cert Opposition Brief

And Pauma Band of Luiseño Mission Indians of the Pauma and Yuima Reservation v. California:

Pauma Cert Petn

California Cert Opposition Brief

Lower court materials here (panel, en banc).

 

La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee v. DOI Cert Stage Briefs

Here:

Cert Petition

Energy Defendants Cert Opp

US Cert Opp

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