Prof. Fort on Morning Edition and Additional Brackeen Coverage

Morning Edition

“ICWA doesn’t prevent an individualized assessment of the best placement for each child,” says Kathryn Fort, director of the Indian Law Clinic at Michigan State University. State courts do this type of assessment “every day,” she says, adding, “I personally don’t know a state court judge who would be comfortable being told that they weren’t allowed to do an individualized assessment.”

But for an Indian child, Fort says, that individualized assessment includes consideration of the child’s relationship with her relatives, her language, her religion, and her tribal tradition.

“A child isn’t separate from her tribe,” she adds. “That child is sacred to that tribe.”

Romper

WaPo (check out Fred Urbina’s picture!)

Vox

AP

The Guardian

Traverse City Record Eagle

Oral arguments in the case are tomorrow (11/9) at 10am. Live audio can be streamed here.

Tribal Defendants/Intervenors Brief in Haaland v. Brackeen

Merits brief on behalf of the intervening tribes–Cherokee Nation, Oneida Nation, Quinault Indian Nation, Morongo Band of Mission Indians, Navajo Nation–in the Haaland v. Brackeen Supreme Court case.

IntervenorTribeBrief

Pace yourself–she’s a long one.

Federal Claims Court Dismisses Takings Claim Brought by Neighbor to Cherokee Casino

Here are the materials in Berry v. United States (Fed. Cl.):

SCOTUSBlog Recap of Castro-Huerta Oral Argument

Here is “With historical promises in mind, justices weigh state criminal jurisdiction in Indian country.”

Previews of the case are here.

Background materials are here.

Preview of Tomorrow’s Argument in Oklahoma v. Castro-Huerta

Background materials on the case here.

SCOTUSBlog preview (by Fletcher): “In sequel to McGirt, justices will again review scope of state prosecutorial power in Indian country

Atlantic (by Rebecca Nagle and Allison Herrera): “Where Is Oklahoma Getting Its Numbers From in Its Supreme Court Case?

NonDoc: “SCOTUS to hear state’s McGirt challenge in Oklahoma v. Castro-Huerta

Boston Review (by Mary Kathryn Nagle and Emma Lower): “What Will It Take to End Violence Against Native Women?

Yes, Spirit is set to argue for the defense. . . .

Oklahoma v. Castro-Huerta Background Materials

Supreme Court Merits Briefs:

Petitioner’s Brief

Respondent’s Brief

Reply

Merits Stage Amicus Briefs Supporting Petitioner:

Oklahoma DAs and Sheriffs Amicus Brief

Police Chiefs Amicus Brief

Industry Amicus Brief

States Amicus Brief Supporting Oklahoma

Tulsa Amicus Brief

Merits Stage Amicus Briefs Supporting Respondent:

United States Amicus Brief

Five Tribes Amicus Brief

NCAI Amicus Brief

Former US Attys Amicus Brief

Peace Commission Treaty Tribes Amicus Brief

NIWRC Amicus Brief

Scholars Amicus Brief

Cert stage materials in Oklahoma v. Castro-Huerta:

Petition.pdf

Oklahoma DAs Association Amicus Brief.pdf

Oklahoma Environmental Federation Amicus.PDF

Texas Amicus Brief.pdf

Tulsa Amicus Brief.pdf

Castro-Huerta BIO.pdf

Cherokee Nation Amicus Brief.pdf

Chickasaw and Choctaw Amicus.pdf

MCN Amicus Brief.pdf

Oklahoma Cert Reply.pdf

Lower court materials:

OCCA Opinion.pdf

Castro-Huerta Brief on Reservation Disestablishment.pdf

Cherokee Amicus Brief.pdf

State Brief on Concurrent Jurisdiction.pdf

Castro-Huerta Response Brief on Concurrent Jurisdiction.pdf

Oklahoma District Court Opinion.pdf

Castro-Huerta Petition in Error

Castro-Huerta Motion to Issue Mandate

OCCA Order Issuing Mandate

Also, the plea agreement in United States v. Castro-Huerta (N.D. Okla.):

Bottom Side Briefs in Oklahoma v. Castro-Huerta

Here:

United States Amicus Brief

Five Tribes Amicus Brief

NCAI Amicus Brief

Former US Attys Amicus Brief

Peace Commission Treaty Tribes Amicus Brief

NIWRC Amicus Brief

Scholars Amicus Brief

Topside briefs here.

Topside Briefs in Oklahoma v. Castro-Huerta

Here:

Amicus briefs:

Oklahoma DAs and Sheriffs Amicus Brief

Police Chiefs Amicus Brief

Polluters Amicus Brief

States Amicus Brief Supporting Oklahoma

Tulsa Amicus Brief

Reply

Cert stage and lower court materials here.

Supreme Court Grants Texas v. Haaland

Here is the order

The Court granted the petition with no limitations, so the issues are not limited the way the government and four tribes requested. Arguments will be held next term (terms start in October, so after October, 2022).