cert petition – Page 46

Arizona Cert Petition in Voter ID/Citizenship Case

July 26, 2012Matthew L.M. Fletcher1 Comment

Here is the cert petition and the case is now captioned Arizona v. Inter Tribal Council of Arizona:

Question Presented:

Did the court of appeals err 1) in creating a new, heightened preemption test under Article I, Section 4, Clause 1 of the U.S. Constitution (“the Elections Clause”) that is contrary to this Court’s authority and conflicts with other circuit court decisions, and 2) in holding that under that test the National Voter Registration Act preempts an Arizona law that requests persons who are registering to vote to show evidence that they are eligible to vote?

Lower court opinion here.

Cert Opposition Brief in Suit against Puyallup Police

July 20, 2012July 19, 2012Matthew L.M. Fletcher

Here:

Young v Fitzpatrick Cert Opp

The petition is here.

US v. Samish — SCOTUSblog Petition of the Day

July 11, 2012July 10, 2012Matthew L.M. Fletcher1 Comment

Here.

Supreme Court Denies Cert in Corboy v. Louie (Native Hawaiian-Related Petition)

June 29, 2012Matthew L.M. Fletcher

Here, page 11 of the order list.

The Court had CVSG’d this petition, and the SG recommended denial.

SG Recommends Denial of Cert Petition in Corboy v. Louie

June 4, 2012Matthew L.M. Fletcher3 Comments

From SCOTUSBlog (brief here and embedded in the post):

Corboy v. Louie is a challenge to a Hawaii tax exemption that is available only to those who meet the state’s definition of “native Hawaiians.” The Hawaii Supreme Court dismissed the case on the ground that the petitioners (who are not native Hawaiians) lacked standing. The federal government agreed with the respondents that certiorari is not warranted, for several reasons. First, it regarded the Hawaii Supreme Court’s decision as resting on an adequate and independent state ground. Second, and in any event, it alleged that the petitioners would not have standing under Article III. Third, and finally, the Court does not need to review the petitioners’ equal protection claim, which is not properly presented and could be affected by recent legal and political developments in Hawaii.

Petition stage briefs are here.

United States v. Samish Cert Petition

June 4, 2012Matthew L.M. Fletcher

Here:

US v Samish Cert Petition

Samish–Pet App (final)

Questions presented:

1. Whether the Tucker Act, 28 U.S.C. 1491(a)(1), or Indian Tucker Act, 28 U.S.C. 1505, grants the Court of Federal Claims subject-matter jurisdiction over an Indian Tribe’s claim for money damages against the United States, based on the United States’ purported violation of sources of law that do not themselves mandate a damages remedy for their violation.

2. Whether the United States may be required to pay damages for failing to provide an Indian Tribe with a statutorily defined portion of a statutory fund, where Congress enacted limited appropriations for that fund and those appropriations were exhausted over a decade before the tribe filed its action for money damages.

Lower court materials are here.