cert petition

Ho-Chunk Inc. Cert Petition in Tax Dispute with Nebraska

Matthew L.M. Fletcher

Here is the petition in HCI Distribution Inc. v. Hilgers:

Cert Petition.pdfDownload

Questions presented:

I. Under this Court’s decision in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), may a state directly regulate commerce between tribal economic development entities on the tribe’s own reservation lands without a showing of exceptional circumstances?

II. In conducting the balancing test under White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), may a court discount a tribe’s interests in self-determination and self-sufficiency based upon the court’s view of the significance of the tribe’s economic development activities?

III. Did the Eighth Circuit’s modification of the District Court’s injunction effectively rewrite Nebraska’s escrow and bond statutes, substituting the court’s decision for that of the state legislature, in violation of the standards set forth in Ayotte v. Planned Parenthood of New England, 546 U.S. 320 (2006) and other precedents of this Court?

Lower court materials here.

Brief in Opposition

Reply

Utah v. United States Cert Stage Materials

Matthew L.M. Fletcher

Here:

Utah Bill.pdfDownload
Federal BIO.pdfDownload
Ute Tribe Brief.pdfDownload
Utah Reply.pdfDownload

SCOTUS Denies Cert in San Carlos Apache Tribe v. Arizona

Matthew L.M. Fletcher

Here is today’s order list.

The petition is here.

Federal Cert Opposition Brief in Apache Stronghold

Matthew L.M. Fletcher

Here:

Federal BOPDownload

Cert petition here. Tribal amicus briefs here.

Tribal Amicus Briefs Supporting Cert Petition in Oak Flat Case

Matthew L.M. Fletcher

Here:

Tribal Orgs BriefDownload
San Carlos Apache BriefDownload
Apache Elder BriefDownload

Cert petition here.

San Carlos Apache Tribe v. Arizona Cert Petition

Matthew L.M. Fletcher

Here:

Cert PetitionDownload

Questions presented:

(1) Did the Arizona Supreme Court err by determining that 40 C.F.R § 122.29(b)’s new source analysis is satisfied by merely finding a “material connection” between a newly constructed source of polluted discharge and an existing source rather than considering whether the new source operationally depends on the existing source? (2) Did the Arizona Supreme Court err by determining that new source performance standards for copper mines in 40 C.F.R. § 440.104 do not “independently apply” to Resolution’s new mine?

Apache Stronghold v. United States Cert Petition

Matthew L.M. Fletcher

Here:

Petition.pdfDownload

Lower court materials here.

SCOTUS Denies Cert in West Flagler v. Haaland

Matthew L.M. Fletcher

Here is today’s order list. Justice Jackson is ethical and recused herself. Justice Kavanaugh would have granted the petition.

Cert petition and link to lower court materials here.

Federal Brief in Opposition to Cert in West Flagler v. Haaland

Matthew L.M. Fletcher

Here:

Cert Opp Brief.pdfDownload

The petition is here.

SCOTUS Cert Stage Materials in Turtle Mountain Ojibwe Efforts to Uncover Republican Legislators’ Racial Animus

Matthew L.M. Fletcher

Here are the cert stage materials in Turtle Mountain Band of Chippewa Indians v. North Dakota Legislative Assembly:

Cert Petition

Republican Governors Amicus Brief in Opposition

Questions presented:

1. Should this Court vacate the Eighth Circuit’s decision under United States v. Munsingwear, Inc., 340 U.S. 36 (1950)? 2. Are state legislators absolutely immune from civil discovery, including from producing documents and communications that involved or were shared with third parties, or is the state legislative privilege a qualified one, based on principles of comity, that yields where important federal interests are at stake?

Lower court materials here.