cert petition

Gun Lake Band Cert Stage Reply Brief in Patchak Case

Matthew L.M. Fletcher

Here:

Gun Lake Cert Stage Reply

SCOTUSBlog Petition of the Day (Yesterday): Salazar v. Ramah Navajo Chapter

Matthew L.M. Fletcher3 Comments

Here:

The petition of the day is:

Salazar v. Ramah Navajo Chapter

Docket: 11-551
Issue(s): Whether the government is required to pay all of the contract support costs incurred by a tribal contractor under the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 et seq., where Congress has imposed an express statutory cap on the appropriations available to pay such costs and the Secretary cannot pay all such costs for all tribal contractors without exceeding the statutory cap.

Certiorari stage documents:

SCOTUSBlog Petition of the Day: Michigan v. U.S. Army Corps

Matthew L.M. Fletcher

Here:

The petition of the day is:

Michigan v. U.S. Army Corps of Engineers

Docket: 11-541
Issue(s): (1) Whether a request for multiple types of preliminary injunctive relief requires a balancing of harms with respect to each form of relief requested; and (2) whether a party’s statement that it is “considering” implementing the relief requested in a motion for injunction is a ground for denying the injunction.

Certiorari stage documents:

Patchak Cert Opposition Brief

Matthew L.M. Fletcher

Here:

Patchak Oppn to Cert Pet

The petitions and other materials are here and here.

K2 v. Roland Oil & Gas Co. Cert Petition

Matthew L.M. Fletcher

Here:

K2 Cert Petition

Here is the question presented:

Whether federal courts have jurisdiction over civil actions that seek to adjudicate ownership of or possession to any interest in real property the title to which is held by the United States in trust on behalf of Indians, as stated in Boisclair v. Superior Court, 801 P.2d 305 (Cal. 1990)(en banc).

Here are the lower court materials.

Government Acquiesces in Arctic Slope v. Sebelius Cert Petition

Matthew L.M. Fletcher1 Comment

Here is that brief:

Government Response Brief

The government conceded a circuit split. The SG also states that the government will be filing a cert petition in a parallel case — Ramah Navajo Chapter v. Salazar — but perhaps since that case is a class action, the OSG argues that the Arctic Slope case would be a better vehicle.

Here is that petition:

Salazar v. Ramah Navajo Chapter Cert Petition

WaPo Coverage of Asian Carp Cert Petition

Matthew L.M. Fletcher

Here.

Michigan v. United States Army Corps of Engineers Cert Petition (Asian Carp)

Matthew L.M. Fletcher

Here:

Asian Carp Cert Pet_10 26 2011

Questions presented:

This multi-sovereign dispute involves the imminent invasion of Asian carp into the Great Lakes ecosystem. Although the Seventh Circuit Court of Appeals concluded that catastrophic harm has a “good” or “perhaps even a substantial” likelihood of occurring, Pet. App. 4a–5a, it affirmed the district court’s denial of even the plaintiffs’ most modest requests for injunctive relief. The Seventh Circuit’s opinion raises two questions for this Court’s review:

1. Whether a request for multiple types of preliminary-injunctive relief requires a balancing of harms with respect to each form of relief requested.

2. Whether a party’s statement that it is “considering” implementing the relief requested in a motion for injunction is a ground for denying the injunction.

Seventh Circuit decision here.

SCOTUSblog Lists Gila River Indian Community v. Lyon as Petition to Watch

Matthew L.M. Fletcher1 Comment

Here:

Gila River Indian Community v. Lyon

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
11-80 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether, under Federal Rule of Civil Procedure 19(b), courts may adjudicate and compromise legal rights in land to which the United States holds title without the United States’ participation in the litigation; and (2) whether, in light of this Court’s recent decision in United States v. Jicarilla Apache Nation, No. 10-382 (June 13, 2011), litigation compromising the United States’ title in land can proceed in the United States’ absence as long as an Indian tribe is a party to the litigation.

Briefs and Documents

Certiorari-stage documents

Omaha Tribe v. StoreVisions Cert Petition

Matthew L.M. Fletcher1 Comment

Filed yesterday, I’m told:

Omaha Tribe Cert Petition

Question presented:

Is apparent authority sufficient to bind an Indian tribe to a waiver of the tribe’s federally protected sovereign immunity, when the purported waiver is executed by a tribal official acting outside the scope of his actual authority?

Lower court materials are here.