Patchak v. Zinke Oral Argument Transcript

Here:

Oral Argument Transcript

 

SCOTUSBlog (Ronald Mann) Preview of Patchak v. Zinke

Here.

An excerpt, and a little horn tooting:

The most telling argument for the government is the recitation (in an amicus brief filed by a group of law professors) of the dozens of statutes Congress has adopted through the centuries resolving Indian land disputes and dealing high-handedly with Indian lands. It is notable that Bank Markazi emphasized Congress’ supreme authority over foreign affairs in its rejection of the Klein claim in that case. Congress’ plenary authority to regulate and protect Indian tribes leaves room for a similar resolution of this case without explicitly rejecting the Klein rule. Bank Markazi of course said nothing about Congress’s power over Indian affairs, so that result wouldn’t really follow from Bank Markazi. It would, though, afford the justices a way to decide the case narrowly, which seems to have been their goal in these cases. The key thing to watch for in the argument will be any sense that any of the members of the Bank Markazi majority show a willingness to treat this case differently than they did that one.

You can read that amicus brief here, along with the rest of the briefs

Challenge to Federal Trust Land Acquisition for Sant Ynez Band Filed

Here is the complaint in Geyser v. United States (C.D. Cal.):

Complaint

Interior Prevails in Defense of Ione Band Trust Land Acquisition in Ninth Circuit

Here is the opinion in County of Amador v. Dept. of Interior. UPDATE: And the unpublished opinion in No Casino in Plymouth v. Zinke.

An excerpt:

This case involves a dispute over a proposed casino in Amador County, California. Plaintiff, the County of Amador (“County”), challenges a 2012 record of decision (“ROD”) issued by the United States Department of the Interior (“Interior”) in which the agency announced its intention to take land into trust for the benefit of the Ione Band of Miwok Indians (“Ione Band” or “Band”). The ROD also allowed the Ione Band to build a casino complex and conduct gaming on the land once it is taken into trust. Reviewing Interior’s decision under the Administrative Procedure Act (“APA”), we conclude that the agency did not err. Accordingly, we affirm the district court’s award of summary judgment to Interior and the Ione Band.

Briefs here.

Ninth Circuit Argument Video in Appeals in Challenge to Ione Band Gaming Related Trust Acquisition

Here is the video in No Casino in Plymouth v. Zinke (briefs here).

Here is the video in County of Amador v. Dept. of Interior (briefs here).

Ninth Circuit Briefs in Citizens for a Better Way v. Zinke

Here:

Opening Brief

Federal Response Brief

Estom Yumeka Maidu Tribe Answer Brief

Reply

Related posts.

Upright Citizens Brigade Cert Petition Challenging Indian Rights

Say it isn’t so Amy Poehler!UCB2

Actually, the petition is captioned Upstate Citizens for Equality v. United States:

Cert Petition

Questions presented:

1. Can Congress in the exercise of its Article 1 powers infringe, reduce or diminish the territorial integrity of a State without its prior consent?
2. Does Congress possess plenary power over Indian affairs and if so does it expand the Indian Commerce Clause to authorize the displacement of State rights to territorial integrity?
3. Does the land acquisition in this case via the mechanism of 25 USC § 465 (now 25 USC § 5108), represent a violation of the limits inherently expressed in the Indian Commerce Clause that limit Congress’ power to ‘regulate’ ‘commerce?’
4. Does the 300,000-acre ancient Oneida Indian reservation in New York still exist?

Lower court materials here.

Update (7/7/17)– the adults have entered the room — here is the federal government’s cert opp brief:

Cert Opp

 

D.C. Circuit Briefs in Challenge to North Fork Rancheria Trust Acquisition

Here are the materials in Stand Up for California! v. Dept. of Interior:

Picayune Rancheria Opening Brief

Stand Up Opening Brief

Federal Brief

North Fork Rancheria of Mono Indians Brief

Picayune Reply

Stand Up Reply

Lower court materials here.

Interior Approves Craig Tribal Association’s Land-into-Trust Application

Download(PDF): Press Release

Link: Notice in Federal Register

Excerpt:

Principal Deputy Assistant Secretary – Indian Affairs Lawrence S. Roberts, who leads the Office of the Assistant Secretary – Indian Affairs, today announced the Department’s decision to place a 1.08-acre land parcel owned by the Craig Tribal Association, a federally recognized tribe headquartered in the City of Craig, Alaska, into federal Indian trust status. The decision is the first under the Department’s revised rule for taking tribal land into trust in Alaska.

Second Circuit Rejects Another Challenge to Oneida Trust Acquisition

Here is the unpublished opinion in Central New York Fair Business Assn. v. Jewell (PDF).

Briefs:

Appellants Brief

Federal Brief

Oneida Brief

Appellants Reply

Lower court materials here.