Here:
13-1496bsacPuyallupTribeOfIndians
We’re posting all materials here.
Dollar General v. Mississippi Band of Choctaw Indians
Mississippi Choctaw Merits Brief
Materials in the matter of Dollar General Corp. v. Mississippi Band of Choctaw Indians:
SCOTUS Schedules Oral Argument in Menominee (Dec. 1) and Dollar General (Dec. 7)
Here.
Arizona Rep. Albert Hale Letter to Arizona Governor and AG Objecting to Arizona Signing onto Anti-Indian Brief Filled by Oklahoma in Dollar General
Here:
Dollar General Corp v MI Band of Choctaw Indians_HALE
An excerpt:
The State has joined in support of the Petitioner despite the fact that the State of Mississippi has made the policy decision that on-reservation torts arising in Mississippi should not consume State resources and are better addressed by tribal institutions. The State of Mississippi is submitting an amicus brief in support of the Tribe. Arizona’s decision to sign on to Oklahoma’s amicus brief flies in the face of Mississippi’s sovereign prerogatives on how to interact with Indian Nations within Mississippi’s borders. This is disrespectful; Arizona should stay out of Mississippi’s tribal affairs decisions.
Dollar General briefs and materials are here.
Oklahoma + 5 States Amicus Brief Favoring Dollar General
Here:
13-1496 tsac Oklahoma et al Amicus Brief
We are compiling merits briefs and other materials here.
Dollar General Opening Brief
Dollar General v. Mississippi Band of Choctaw Indians Background Materials
In anticipation of the briefing of Dollar General v. Mississippi Band of Choctaw Indians, the Supreme Court’s next foray in tribal civil jurisdiction, we provide some background materials on the cases and tribal civil jurisdiction in general.
Supreme Court Grants Cert in Dollar General
Despite the SG’s brief recommending otherwise–order list here.
Previous coverage here.
From the original cert petition by Dollar General:
In this case, a divided panel of the Fifth Circuit held that tribal courts do have that jurisdiction. Five judges dissented from the denial of rehearing en banc. The case accordingly presents the issue the Court left open in Hicks and the Question the Court granted certiorari to decide in Plains Commerce:
Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members?
SCOTUS Holds Dollar General v. Mississippi Choctaw
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.
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