First Circuit – Turtle Talk

SCOTUS Grants LDF v. Coughlin

January 13, 2023Matthew L.M. Fletcher

Here is the order.

Cert stage briefs here.

Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case

September 15, 2022November 14, 2022Matthew L.M. Fletcher

Here is the petition in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin:

ldf-cert-petition Download

Question presented:

Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.

Lower court materials here.

Update:

Law Profs Amicus Brief.pdf Download

Org Amicus Brief.pdf Download

Coughlin BIO.pdf Download

First Circuit Holds Bankruptcy Act Impliedly Abrogates Tribal Immunity

May 6, 2022Matthew L.M. Fletcher

Here is the opinion in In re Coughlin:

In re Coughlin.pdf Download

Briefs here.

Penobscot Nation + US Cert Petitions against Maine in Penobscot River Dispute

December 10, 2021January 7, 2022Matthew L.M. Fletcher

Here is the petition in Penobscot Nation v. Frey:

cert petition and appendix – penobscot nation v. frey.pdf Download

Here is the petition in United States v. Frey:

cert petition – united states v frey.pdf Download

pet app – united states v frey.pdf Download

Question presented (from the Penobscot petition):

Whether the Maine Indian Settlement Acts— consistent with this Court’s precedents on statutory interpretation and the Indian canons of construction— codify the historical understanding of the Penobscot Nation, the United States, and the State that the Penobscot Reservation encompasses the Main Stem of the Penobscot River.

Lower court materials here.

Update:

NCAI Amicus Brief

Members of Congress Amicus Brief

Maine State-Tribal Commission Amicus Brief