Today’s order list.
Curious. It could mean several things. Most likely is that one of the Justices is thinking about drafting a dissent from the denial of certiorari. We’re not aware of any similar cases in the pipeline that would compel a hold, which is another possibility.
See SCOTUSblog. And docket. We should know Monday.
Here are the briefs:
Michigan v Bay Mills Cert Petition w Appendices
Here:
Tonasket v Sargent Cert Petition
Questions presented:
1. Whether Indian tribal immunity from suit allows the Indian tribe, a price fixing competitor, to be immune from federal anti-trust laws?
2. Whether the officials of an Indian tribe that include the tribe’s tobacco tax administrator, acting in violation of federal law, can be protected by tribal immunity when prospective relief is sought?
Lower court materials here.
Here is the brief:
Here:
The petition is here. No chance for a grant. I wouldn’t have even filed an opposition….
Here is the petition:
Zylena R v. Elise M. Cert Petition
The questions presented:
(1) Whether ICWA prohibits a state court from considering the “best interests of the child” when determining whether “good cause” exists to deny the transfer of an ongoing child welfare case.
(2) Whether ICWA requires a state court to treat a motion to terminate parental rights as a “new proceeding” for purposes of determining whether “good cause” exists to deny the transfer of an ongoing child welfare case.
I think. The petition is a bit confusing. Here is the petition in Butler v. Montana:
Butler v Montana Cert Petition
Question presented (which tells us almost nothing):
The question presented is whether the justice of the peace, presiding over a court of no record, exercised jurisdiction over a sovereign nation in contravention of New Mexico v. Mescalero Apache Tribe, 462 U.S. 324, 338, 103 S. Ct. 2378, 2388-89, 76 L. Ed. 2d 611 (1983), and federal statutes conferring jurisdiction solely on the Navajo Nation by preventing Petitioner from hunting in the Navajo Nation.
Lower court decision, State v. Butler, here:
Apparently, this is an appeal to the Montana court’s order that Butler violated his probation he received for hunting violations in Montana because he went hunting on the Navajo Nation.
Just no.
Here:
Questions presented:
The questions presented in this case are:
1. Whether Indian tribal immunity from suit allows the Indian tribe, a price fixing competitor, to be immune from federal anti-trust laws?
2. Whether the officials of an Indian tribe, acting beyond their authority, can be protected by tribal immunity when prospective relief is sought?
Turtle Talk 
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