Cherokee Nation v. Bernhardt Cert Petition over United Keetoowah Band Trust Land Acquisition [updated with add’l cert stage materials]

Here is the petition:



US Brief in Opposition

Reply in Support of Petition

Questions presented:

1. Whether the Secretary of the Interior exceeded his statutory authority by taking land located within the reservation boundaries of one Indian Tribe and placing the land in trust for another Tribe, despite the objections of the first Tribe and in violation of a regulatory prohibition and the United States’ treaty promises to the first Tribe.

2. Whether the Court should hold this petition pending its disposition of Maine Community Health Options v. United States, No. 18-1023 (argued Dec. 10, 2019), because this case raises the same issue concerning implied repeals effected by appropriations laws and the proper standard for determining what law to apply.

Lower court materials here.

Tenth Circuit Affirms Interior’s Decision to Acquire Trust Land for United Keetoowah Band

Here is the opinion in Cherokee Nation v. Bernhardt.







lower court materials here.


Cherokee En Banc Petition

Cherokee Motion to Stay

Interior Opposition

UKC Opposition

E.D. Okla. Rules in Favor of Cherokee Nation and Remands UKB Trust Application

Download the documents and materials in the matter of The Cherokee Nation v. Jewell et al, 14-cv-00428 (E.D. Okla. May 31, 2017):

The Court ruled a 2011 BIA decision approving an amended land into trust application of the United Keetoowah Band of Cherokee was arbitrary and capricious. On remand, the BIA must obtain Cherokee Nation’s consent to the application per its treaty rights over former reservation land, give full consideration to the jurisdictional conflicts between Cherokee Nation and UKB, the resulting administrative burdens on the BIA, and the effects of Carcieri.

Link: Previous posts

Briefs in Cherokee Nation Challenge to Interior’s Decision to Acquire Trust Land for United Keetoowah Band

Here are the updated materials in Cherokee Nation v. Jewell (N.D. Okla.):

132 Cherokee Nation Brief

135 Interior Response

136 UKB Response

139 Cherokee Nation Reply

News coverage of the oral argument is here.

Prior posts on this case here, here, and here.

Tenth Circuit Denies Stay in United Keetoowah Trust Acquisition Appeal

Here are the materials so far in Cherokee Nation v. Jewell:

CA10 Order Denying Motion

Interior Motion for Stay

Cherokee Nation Response

Interior Reply

UKB Reply

Lower court materials here, here, and here.

H/T Pechanga.

Briefs in Cherokee Nation TRO Request re: UKB Trust Land Acquisition

Here are the updated materials in Cherokee Nation v. Jewell (N.D. Okla.):

Cherokee Nation TRO Motion

Interior Opposition

UKB Opposition

Cherokee Nation Reply

News coverage here.

Prior post here.