Here are the two cert opposition briefs filed in Navajo Nation v. USFS:
cert petition
Supreme Court Denies Cert in Indian Law Cases Today
The Supreme Court denied cert in two petitions captioned Cook v. Avi Casino Enterprises (Nos. 08-929, 08-930). It’s on page 4 of this order list.
This is good news for Indian Country (and for my student writing a paper on this subject — you reading this, J.?). There is a split of authority on the question of whether tribal business enterprises are immune from suit in a state law dram shop action, as we have discussed before. But I’m guessing the Court thinks it’s either unimportant or too much a state law question, since each state has its own version of dram shop laws and applies its own understanding of tribal sovereign immunity. But who knows….
SCT Denies Cert in California Revenue Sharing Cases
The Supreme Court denied cert earlier this week in two of the cases that are part of a trilogy of California gaming cases (here is the Court’s order list). Those cases were docket nos. 08-931 (CACHIL DEHE BAND OF WINTUN) and 08-1030 (RINCON BAND OF LUISENO MISSION). A third petition is still pending, but one expects that one to be denied as well (no. 08-1208 — San Pasqual).
All of the petitions are available here.
Supreme Court Takes No Action on Border Fence Case
Here is today’s order list, and commentary on El Paso v. Napolitano from SCOTUSblog:
The Court took no action on a new attempt to challenge the constitutionality of the sweeping powers Congress gave to the federal government in 2005 to set aside federal, state and local laws that may get in the way of building a 700-mile-long “secure fence” along the U.S.-Mexico border. The Court turned down the first test, last June. The new case is El Paso County, et al., v. Napolitano (08-751). The dispute could present the Court with an opportunity to make use of the rare power to strike down a federal law on the theory that Congress had given away too much of its legislative power to the Executive Branch. That power has not been used for 74 years.
The cert petition is here. Ysleta del Sur Pueblo is a petitioner.
Federal Government Cert Opposition Brief in Marceau v. Blackfeet Housing Authority
Here is the government’s cert opp in this important sovereign immunity case — federal-cert-opp-marceau
The Supreme Court Project’s materials are here and the cert petition is here.
Results of Third Turtle Talk Poll — 67% See Supreme Court Denying Cert in the Snowbowl Case
Most voters do not see the Supreme Court granting cert in Navajo Nation v. USFS — 67 percent. About 26 percent think the Court will grant cert. Seven percent see a settlement before the Court reaches an outcome.
Supreme Court Cert Petition in Border Fence Case
The case is captioned County of El Paso v. Napolitano (No. 08-751). Ysleta del Sur Pueblo is one of the petitioners. SCOTUSblog has it as one of the “petitions to watch” for the April 17 conference.
From SCOTUSblog:
Docket: 08-751
Title: El Paso, Texas, et al., v. Janet Napolitano, Secretary of Homeland Security, et al.
Issue: Whether the grant of authority to the Secretary of Homeland Security to “waive all legal requirements” necessary to ensure rapid construction of a border fence is an unconstitutional delegation of legislative power or sufficient to preempt state and local law.
- Opinion below (United States District Court for the Western District of Texas)
- Petition for certiorari
- Brief in opposition
- Petitioner’s reply brief
- Brief amicus curiae of the City of Eagle Pass and other cities and other affected persons ( in support of petitioners)
- Brief amicus curiae of William D. Araiza and other law professors (in support of petitioners)
Third Turtle Talk Poll — Whether the Supreme Court Will Grant Cert in the San Francisco Peaks Case
Will the Supreme Court grant cert in Navajo Nation v. United States Forest Service?
The new Solicitor General — Elena Kagan — has until May 8 to file an opposition to the Navajo Nation cert petition. From there, the petitioners can file a reply brief, and the case will head to the Conference, likely in June. Assuming the government opposes the petition, the Court historically is extremely likely to deny cert, especially in a non-criminal case. However, the petitioners have made a credible case that the Ninth Circuit’s en banc opinion — defining “substantial burden” under the Religious Freedom Restoration Act to be far more narrow than any other federal circuit — has created a viable circuit split.
Cook v. Avi Casino Enterprises Cert Petitions — UPDATED
Apparently, there are two cert petitions in this, from the same petitioners but from different lower court judgments.
Ninth Circuit petition (08-929):
Cert Opposition 08-929
Arizona Court of Appeals petition (08-930):
Cert Petition 08-930
California v. San Pasqual Cert Petition
This is the same kind of petition California filed a month ago in parallel cases involving Chachil Dehe Band and Rincon Band.
Turtle Talk 
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