Tag Archives: Fifth Circuit

State and Individual Parties File for En Banc Review in Brackeen v. Bernhard [ICWA]

Individual Petition for EnBanc Review State Petition for EnBanc Review The Court has asked the federal and tribal parties for response briefs, which are due October 23rd.

Posted in Author: Kate E. Fort, Child Welfare, ICWA, Research | Tagged , , , , ,

Alabama-Coushatta Tribe Cert Petition in Gaming Matter

Here is the petition in Alabama-Coushatta Tribe of Texas v. Texas: alabama-coushatta-tribe-of-texas-cert-petition.pdf Questions presented: Whether IGRA authorizes gaming on tribal lands previously governed by trust statutes that prohibited gaming, as the National Indian Gaming Commission, the Department of the Interior, … Continue reading

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research, Supreme Court | Tagged , , , , , , ,

Deadline Update in Brackeen v. Bernhardt [ICWA]

Here Plaintiffs requested an extension to their en banc petition. The Court gave them until October 1 to file.

Posted in Author: Kate E. Fort, ICWA | Tagged , , ,

Fifth Circuit: ICWA is Constitutional on All Counts

Here. The Fifth Circuit overturned the Northern District of Texas today with strong language supporting ICWA. The Court found that the plaintiffs did have standing, but found against them on all other counts. There is a dissent forthcoming from Judge … Continue reading

Posted in Research | Tagged , ,

Tribal Amicus Brief in Texas v. United States [ACA Appeal in Fifth Circuit]

Here: texas-tribal-amicus-final-4-1-19-as-filed-1.pdf 4-1-2019-letter-to-doj-re-texas-v-us-and-ihcia-impacts-final.pdf

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , ,

Fifth Circuit Rules in Favor of Texas over Alabama-Coushatta Tribe on Gaming

Here is the opinion in State of Texas v. Alabama-Coushatta Tribe. Briefs and lower court materials here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | Tagged , , , ,

Brackeen Oral Argument Audio

Here. Briefs and materials here.

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , , ,

Briefing Completed in Brackeen v. Bernhardt (frmly Zinke) in the Fifth Circuit [ICWA Case]

Oral arguments are March 13. Principal Briefs on the Tribal Defendant/Intervenor and Federal Side (Pro-ICWA) Appellant Tribes Brief Appellant Federal Parties Navajo Nation Motion to Intervene and Proposed Brief Amicus Briefs, Pro-ICWA Congressional Amicus Brief Constitutional Law Profs Brief Casey … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , , ,

Merits and Amicus Briefs Filed in Brackeen et al v. Zinke et al. Yesterday

Multiple parties and amici filed strong briefs in the Brackeen v. Zinke case in the Fifth Circuit yesterday. Twenty-one state attorneys general filed an amicus brief in support of the law, as did 325 tribal nations and 57 tribal organizations. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Child Welfare, ICWA | Tagged , , , , , , , ,

VERY LAST CHANCE to Sign on To Tribal Amicus Brief in Fifth Circuit ICWA Case

From NARF: Dear tribal leaders and tribal counsel, Today the Fifth Circuit Court of Appeals granted a motion that extends the filing deadline for amicus briefs in Brackeen v. Zinke by two days.  This is one last call for Tribes … Continue reading

Posted in ICWA, Research | Tagged , , , ,