federal recognition

Federal Court Won’t Acknowledge Chinook Tribe, but Allows Suit to Challenge Federal Acknowledgement Regs

Matthew L.M. Fletcher1 Comment

Here is the order in Chinook Indian Nation v. Zinke (W.D. Wash.):

45 dct order

Materials here,

Chinook Nation Federal Recognition Arguments Were Today; Here are the Briefs . . .

Matthew L.M. Fletcher

in Chinook Indian Nation v. Zinke (W.D. Wash.):

32 us motion to dismiss

37 chinook response

41 reply

Complaint here.

Nipmuc Nation Loses Federal Recognition Suit

Matthew L.M. Fletcher

Here are the materials in Nipmuc Nation v. Zinke (D. Mass.):

35 Tribe Motion for Summary J

40-1 BIA Opposition

46 Tribe Response

51 BIA Reply

58 DCT Order

Federal Court Holds Burt Lake Band of Ottawa Indians Has Standing to Challenge 2015 Federal Acknowledgment Regs

Matthew L.M. Fletcher1 Comment

Here is the order in Burt Lake Band of Ottawa and Chippewa Indians v. Zinke (D.D.C.):

20 DCT Order

Briefs here.

Here are some details on this as yet non-recognized tribe:

New Scholarship on the Burt Lake Burn-Out

Northern Express Article on the Burt Lake Burnout and Burt Lake Band

Mackinac Journal: “‘A Bitter Memory’ — The Burt Lake Burn-out of 1900”

Thomasina E. Jordan Indian Tribes of Virginia Federal Recognition Act of 2017

Matthew L.M. Fletcher

Here:

bills-115hr984enr

News coverage: “Trump signs bill giving recognition to 6 Virginia tribes”

Federal Magistrate Enters Default against Yamassee Tribal Nation Supreme Court in Claim involving JPMorgan Chase

Matthew L.M. Fletcher

Here are the materials in JPMorgan Chase Bank N.A. v. Khamsanvong (E.D. Cal.):

1 Complaint

22 Magistrate Order

Tolowa Nation Complaint for Federal Recognition

Matthew L.M. Fletcher

Here is the complaint in Tolowa Nation v. United States (N.D. Cal.):

1 Complaint

Federal Court Dismisses Pro Se Action against Interior and Stockbridge-Munsee

Matthew L.M. Fletcher

Here are the materials in Bruette v. Secretary of the Interior (E.D. Wis.):

10 Motion to Dismiss

13 Amended Motion to Dismiss

15 Opposition

16 Reply

17 DCT Order

Federal Court Dismisses Federal Recognition Bid by Group of Mdewakanton Sioux Indians 

Matthew L.M. Fletcher

Here is the opinion in Mdewakanton Sioux Indians of Minnesota v. Zinke (D.D.C.).

Briefs previously posted here.

Town of Vernon v. United States Cert Stage Materials

Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Questions presented:

1. Whether a tribe that opted out of the Indian Reorganization Act can have its status under the Act revived under the Indian Land Consolidation Act, 25 U.S.C. § 2202, even though the United States did not hold land in trust for that tribe at the time the tribe sought a land-in-trust acquisition.

2. Whether the land-in-trust provision of the Indian Reorganization Act, 25 U.S.C. § 5108, exceeds Congress’ authority under the Indian Commerce Clause, Art. I, § S, cl. 3.

3. Whether § 5108’s standardless delegation of authority to acquire land “for Indians” is an unconstitutional delegation of legislative power.

4. Whether the federal government’s control over state land must be categorically exclusive for the Enclave Clause, Art. I, § 8, cl. 17, to prohibit the removal of that land from state jurisdiction.

US Cert Opp Brief