cert petition – Page 48

The Malaterre v. Amerind cert petition is scheduled for this Friday’s Supreme Court Conference. Despite being a SCOTUSblog petition to watch, it really isn’t certworthy (though pretty much any tribal immunity-related petition attracts attention).

Might Malaterre be a candidate for CVSG, assuming it isn’t simply denied? Perhaps, for two reasons. First, the Court asked the OSG five times in the last couple Terms for the government’s views in Indian law cases. Second, the immunity question may depend on the Court’s interpretation and analysis of Section 17 of the Indian Reorganization Act.

Ramah Navajo Chapter and Arctic Slope Petitions Listed for Today’s SCT Conference

January 6, 2012January 6, 2012Matthew L.M. Fletcher

The Ramah cert stage briefs are here.

The Arctic Slope cert stage briefs are here.

Malaterre Cert Stage Reply Brief

December 28, 2011Matthew L.M. Fletcher

Here:

Malaterre Cert Reply

The petition is slated for the January 13 conference.

Cert Petition in In re Beaulieu: Chance for SCT to Clarify PL280 Confusion in Minnesota and Wisconsin

December 23, 2011Matthew L.M. Fletcher3 Comments

Here:

In re Beaulieu Cert Petition

Here are the questions presented:

1. Does Public Law 280 (18 U.S.C. § 1162 and 28 U.S.C. (1360) give the State of Wisconsin jurisdiction to involuntarily civilly commit a member of a federally recognized Indian tribe who is a legal resident of his tribal reservation under Minnesota’s Commitment and Treatment Act (Minn. Stat. Ch. 253B?)

2. Was Minnesota’s involuntary civil commitment of Beaulieu contrary to, and/or an unreasonable application of this Court’s clearly established law limiting Public Law 280’s grant of civil jurisdiction to private civil matters?

Lower court decision here.