Two Nominees to the D.C. Circuit Court

From SCOTUSblog, principal deputy U.S. Solicitor General Sri Srinivasan and Caitlin Halligan were both nominated by President Obama to fill vacancies in the D.C. Circuit. Halligan was nominated previously, which we covered here. The DC Circuit is generally considered a path to a Supreme Court nomination, as well as handles a fair amount of Indian law cases.

Srinivasan has argued before the Supreme Court more than 20 times. In his job with the SG he represented the federal government in Cherokee Nation v. Leavitt (contract supports case).

As a private attorney with O’Melveny & Myers, he represented the Hawai’ia Congressional Delegation as an amicus in Hawaii v. Office of Hawaiian Affairs. There the Supreme Court overturned the Hawaii Supreme Court’s decision that the state couldn’t sell ceded lands before settling Native Hawaiian claims, based on the Apology Resolution passed by Congress. His brief argued for upholding the Hawaii Supreme Court:

Contrary to the contentions of petitioners and the United States, the Apology Resolution is more than “simply an apology” (Pet. Br. 30) “whose sole effect is a moral one” (U.S. Br. 30). Rather, the Resolution by its terms constitutes an official, definitive recognition and acknowledgment by Congress of the United States’ culpability for the illegal overthrow of the Kingdom of Hawai’i and of the Native Hawaiians’ unrelinquished claims to their ancestral lands. That acknowledgment differs from other statutes and resolutions that have expressed Congress’ regret for acts that had already been recognized as wrong or unlawful. See U.S. Br. 29-30 (describing resolution apologizing for “slavery and Jim Crow”). The Apology Resolution instead ended a long-running debate over the United States’ actions in Hawai’i over a century ago.3 The Supreme Court of Hawai’i properly relied on those considered findings, and Congress’ express support of the ongoing reconciliation with the Native Hawaiian people, to inform its ruling below.

D.C. Circuit Strikes NRC Temporary Fuel Storage Rule (Prairie Island Indian Community Among Challengers)

Here is today’s opinion in State of New York v. Nuclear Regulatory Commission, and selected briefs:

CADC Opinion

Prairie Island and NY VT CT NJ Brief

NRC Brief

NY VT CT NJ & Prairie Island Reply Brief

 

News Coverage on Cobell Decision

From BLT.

From CBS.

D.C. Circuit Affirms Cobell Settlement

Here.

Briefs are here.

An excerpt:

This is an appeal from the approval of a class action settlement agreement related to the Secretary of the Interior’s breach of duty to account for funds held in trust for individual Native Americans. Class member Kimberly Craven challenges the fairness of the settlement, contending principally that an impermissible intra-class conflict permeates the scheme to compensate class members for surrendering their established right to injunctive relief and that this conflict undermines the commonality, cohesiveness, and fairness required by Federal Rule of Civil Procedure 23 and due process. The record, however, fails to confirm either the existence of the purported intra-class conflict or a violation of due process. Rather, the record confirms that the two plaintiff classes possess the necessary commonality and adequate representation to warrant certification, and that the district court, therefore, did not abuse its discretion in certifying the two plaintiff classes in the settlement or in approving the terms of the settlement as fair, reasonable, and adequate pursuant to Rule 23(e). Accordingly, we affirm the judgment approving the class settlement agreement.

D.C. Circuit Rejects Challenge to Western Shoshone Claims Distribution Act on Standing Grounds

Here are the materials in Timbisha Shoshone Tribe v. Salazar:

CADC Opinion

Timbisha Opening Brief

Interior Answering Brief

Timbisha Reply

Timbisha Supplemental Brief

Background materials are here.

Opening D.C. Circuit Brief in Vann v. Interior

Here:

Opening Vann Brief

Oral Argument Transcript in Craven Appeal of Cobell Settlement

Here.

This line from Judge Tatel to Craven’s attorney early in the argument must have the appellees concerned:

you sold me, you have a good case [page 4, lines 21-22]

BLT Coverage of D.C. Circuit Oral Argument in Cobell

Here.

Prairie Island (and Three States) Challenge Nuclear Regulatory Commission Temporary Spent Fuel Storage Rule

Here:

Prairie Island and NY VT CT NJ Brief

 

Indian Land Tenure Foundation Amicus Brief in Support of Cobell Plaintiffs

Here:

ILTF Amicus Brief