CVSG – Page 2 – Turtle Talk

The Court denied cert in Window Rock Unified School District v. Reeves (cert materials here); Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (cert petition here); and Red Bear v. SESDAC (lower court decision here).

The Court called for the views of the Solicitor General in Herrera v. Wyoming (cert stage materials here).

SCOTUS Asks for Views of Solicitor General in Cougar Den Case; Cert Denied in Petitions involving Poarch Band Creek and Ute Indian Tribe

October 2, 2017October 2, 2017Matthew L.M. Fletcher

Here is the order list.

Here are the materials in Washington State Dept. of Licensing v. Cougar Den Inc.

Here are the materials in Hackford v. Utah. He didn’t post Williams v. Poarch Band because it was a pro se petition.

SCOTUS Holds Dollar General v. Mississippi Choctaw

June 8, 2015Matthew L.M. Fletcher

Here is today’s order list.

The Dollar General v. Mississippi Band of Choctaw Indians cert petition was scheduled for the Court’s Conference last Friday. The Court took no action on the petition. That could mean many things or nothing. It could mean the Court is taking one last look before granting the petition. It could mean the Court is looking at denying the petition but one or more Justices has asked the rest of the Court to wait, or for time to write a dissent on the denial of the cert petition. The fact that the United States has recommended a denial strongly weighs against a grant, but the fact that the Court did not immediately denies cert somewhat mitigates the government’s position. We’ll see in next week or the coming weeks.

The cert stage briefs can be accessed here.

Dollar General Response Brief to SG’s Invitation Brief

May 21, 2015Matthew L.M. Fletcher

Here:

13-1496 Petr Supp Brief

SG Invitation brief here.

Cert stage briefs here.

SG’s Invitation Brief Opposing Dollar General Cert Petition

May 13, 2015Matthew L.M. Fletcher2 Comments

Here:

13-1496 Dollar General CVSG

Cert stage briefs are here.

Supreme Court Asks for Views of Solicitor General in Oneida Reservation Case

February 19, 2013February 19, 2013Matthew L.M. Fletcher1 Comment

Today’s order list here.

This is a probably a disappointment for the petitioners — it would be a major surprise if the SG recommends a grant.

What is a “CVSG”?

January 7, 2013January 7, 2013Matthew L.M. Fletcher3 Comments

We get the question all the time, so here goes:

A CVSG is an acronym for “call for the views of the Solicitor General.” This is a option for the Supreme Court when the United States is not a party to a cert petition but the interests of the federal government are implicated. It comes up when a party files a cert petition (say, the State of Michigan) where the respondent is not federal (say, the Bay Mills Indian Community) that involves the interpretation of federal statutes or some other federal interests. It comes up a lot (relatively speaking) in Indian law because the United States always has an interest (as trustee, etc.) in Indian cases, and have been involved in more Indian cases by far than any other party (even if you add up all the Supreme Court cases involving all Indian tribes collectively, I bet).

Since the Office of Solicitor General is influential on the Court, in part because it represents the United States and because it does so with remarkable candor about its positions, the SG’s brief (usually termed an “invitation brief”) is a strong indicator where the Court will go in terms of deciding whether to grant cert. In short, if the SG recommends denial, the Court very likely will deny.

Patricia Millett’s paper on the lawyering that goes on after the Court issues a CVSG is essential reading.

Supreme Court Invites SG to Brief Michigan v. Bay Mills; Denies Contour Spa Petition

January 7, 2013January 7, 2013Matthew L.M. Fletcher

Here is the order.

The Bay Mills CVSG notice is on page 2 (we called it here), and the Contour Spa denial notice is on page 4.