Strict Scrutiny Podcast Episode on the Denezpi Argument: “Indian Law Hall of Fame”


Blurb: “Leah recaps Denezpi v. United States, an important case about tribal sovereignty, with Matthew Fletcher(Michigan State University & Chief Justice of the Pokagon band of Potawatomi Indians Court of Appeals) & April Youpee-Roll (Munger Tolles & Olson), which may involve … Neil Gorsuch’s heel turn in Indian law?!?”

Strict Scrutiny Podcast (Briefly) Previews Denezpi

Here, starting around 37:00. The hosts highlighted the Indian Law Scholars amicus brief filed by the NYU-Yale American Indian Sovereignty Project (and Jenner & Block).

That’s a “u”, not an “o.”

Fletcher and April Youpee-Roll will guest on this week’s Strict Scrutiny to recap tomorrow’s argument.

SCOTUS Hearing List for Tuesday’s Arguments + A Little Presidents’ Day Commentary

Here is the announcement on the advocates who will argue for the tribe and the individual Indian parties on Tuesday.

Background materials on the Ysleta del Sur Pueblo case here.

Background materials on the Denezpi case here.

I have a few notes.

Reno Gazette-Journal, March 23, 2001, reporting on the Nevada v. Hicks argument.

By my count, after James Anaya argued Nevada v. Hicks, after Tuesday there will have been 37 individual Indian or tribal parties represented at oral argument in the Supreme Court. None of those parties were represented by an American Indian advocate. In only two cases did a woman represent the Indian or tribe — just over 5 percent of cases, a truly pathetic figure. [No Native advocates argued for other parties, either.]

To be sure, the end of Native oral advocacy was intentional. It can be traced to the establishment of a new national strategy adopted by tribal leaders and national orgs in 2001. That strategy that privileged members of the Supreme Court Bar — a small, exclusive group of elite and privileged lawyers — to argue those cases instead of relatively inexperienced advocates.

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Denezpi v. United States Background Materials

Merits Stage Materials

National Association of Criminal Defense Lawyers Amicus Brief

US Brief

NIWRC & NCAI Amicus Brief

Scholars Amicus Brief

States Amicus Brief

Tribal Governments Amicus Brief

Cert Stage Materials

Cert Petition


United States’ Brief in Opposition

Tenth Circuit Materials

United States v Denezpi Tenth Circuit Opinion

Denezpi Opening Brief

US Answer Brief

Reply Brief

District Court Materials

1 Indictment

1-1 Criminal Information Sheet

14 DCT Detention Order

29 Denezpi Motion to Dismiss

29-1 CFR Pleadings

30 US Response

31 Reply

31-1 CFR Court Forms

32 DCT Order Denying Motion to Dismiss on Double Jeopardy Grounds