cert petition

Cert Opposition Brief in U.S. v. New York and Oneida v. Oneida County

Matthew L.M. Fletcher

Here:

US v NY — Cert Opp

Gila River Indian Community v. Lyon Cert Petition

Matthew L.M. Fletcher2 Comments

Here:

Gila River v Lyon Cert Petition

Here are the questions presented:

I. 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.
II. Whether, in light of this Court’s recent decision in United States v. Jicarilla Apache Nation, No. 10-382 (June 13, 2011), the Ninth Circuit properly held, as a matter of law, that 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.

Cert Petition in Arctic Slope v. Sebelius (II)

Matthew L.M. Fletcher6 Comments

It will be interesting to see what the OSG does with this. The last time a circuit split developed in similar circumstances, the government brought a cert petition and essentially concurred with the tribal cert petition (Cherokee Nation v. Leavitt).

Here are the materials:

Arctic Slope 2 Pet (2011)

Arctic Slope II Pet Appendix

Here is the question presented:

Whether the Federal Circuit erred in holding, in direct conflict with the Tenth Circuit, that a government contractor which has fully performed its end of the bargain has no remedy when a government agency overcommits itself to other projects and, as a result, does not have enough money left in its annual appropriation to pay the contractor.

Here are the lower court materials.

And here are the materials in Ramah, the Tenth Circuit case that generates the circuit split.

SCOTUSblog: Oneida Indian Nation v. Oneida County is Petition of the Day

Matthew L.M. Fletcher1 Comment

Here:

The petition of the day is:

Title: Oneida Nation of New York v. County of Oneida, New York
Docket: 10-1420
Issue(s): (1) Whether the court of appeals contravened this Court’s decisions in Oneida Indian Nation of New York v. County of Oneida and City of Sherrill v. Oneida Indian Nationby ruling that “equitable considerations” rendered petitioners’ claims for money damages for the dispossession of their tribal lands in violation of federal law void ab initio; and (2) whether the court of appeals impermissibly encroached on the legislative power of Congress by relying on “equitable considerations” to bar petitioners’ claims as untimely, even though they were brought within the statute of limitations fixed by Congress for the precise tribal land claims at issue.

Certiorari stage documents:

News Coverage of Oneida Land Claims Cert Petition before the Supreme Court

Matthew L.M. Fletcher

Here, via How Appealing.

An excerpt:

When it comes to the ongoing litigation between the Oneida Indian Nation and surrounding municipalities, it’s a long-running story with no end in sight.

The Oneida Indian Nation recently filed to bring its land-claim case to the U.S. Supreme Court. If the court accepts the case, it still might not be the end of 37 years of litigation over the roughly 250,000-acre claim.

If the court accepts the case, it simply would decide if the Oneidas are entitled to seek damages for the loss of that land. The nature of those damages still would have to be decided by a lower court if the sides couldn’t reach a negotiated settlement.

The issues between the Nation and the state and municipalities have been before the U.S. Supreme Court three times — two of which were related to the land-claim case.

“It’s the endless story, unfortunately,” Oneida County Executive Anthony Picente said.

The Nation had no comment on the filing.

Supreme Court Conference to Consider Osage and Rincon Petitions Today; Order Available Monday

Matthew L.M. Fletcher

Here are the SCOTUSblog links to the Osage Nation v. Irby materials, and the Brown v. Rincon Band materials.

Cert Stage Amicus Briefs Supporting the U.S. and Oneida in Supreme Court Land Claims Petitions

Matthew L.M. Fletcher

Here are those briefs:

NCAI Brief.

Law Prof Cert Stage Amicus Brief

Supreme Court Denies Cert in Daugaard/Hein/South Dakota v. Yankton Sioux and Miccosukee v. Kraus-Anderson

Matthew L.M. Fletcher1 Comment

Here is the order list.

Here are the cert stage briefs in both cases.

Reed v. Gutierrez Cert Opposition Brief

Matthew L.M. Fletcher

Here:

Reed v Gutierrez Cert Opp

The petition is here.

Miccosukee and Yankton Cert Petitions are Petitions to Watch (SCOTUSblog)

Matthew L.M. Fletcher1 Comment

Here. Here are the Miccosukee materials:

Title: Miccosukee Tribe v. Kraus-Anderson Construction Co.
Docket: 10-717
Issue(s): Whether an action to obtain recognition of an Indian tribal court judgment presents a federal question under 28 U.S.C. § 1331.

Certiorari stage documents:

CVSG Information:

And here are the Yankton materials:

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