The petition is here. This case concerns the validity of25 CFR Part 291, the procedures established by the Secretary of the Interior to act as a “Seminole fix.”
There is no serious chance the Court will grant cert in this case, unless the United States also files a petition. Even then, this is a likely case of first impression, a death knell for cert petitions.
Really, I should get out of the certiorari prediction business….
The Tenth Circuit granted the government’s motion for rehearing and issued a revised opinion.
CA10 Panel Decision (pre-rehearing)
From the Terre Haute News:
By Tamie Dehler
Special to the Tribune-Star
TERRE HAUTE — Last week’s column discussed Indiana’s most influential Indian tribes, the Miami, Wea, and Piankashaw, as described in The Indian Tribes of North America, by John R. Swanton. Yet, there were other tribes that also left their mark in and on the state.
Here are the briefs in the Texas v. United States case re: the Class III Procedures.
The opinion is here: Opinion
Recently, the Tenth Circuit decided Kansas v. Kempthorne, perhaps the final round of the Wyandotte Nation of Oklahoma’s bid to open a casino in Kansas City. After a decade of litigation, it appears the Nation has prevailed. What was interesting about the final product was that the 10th Circuit held that the State’s arguments were barred by the Quiet Title Act — because the Secretary had taken the land into trust prior to the filing of the State’s lawsuit, the QTA barred the suit.
Here’s the opinion: CA10 Opinion
Here’s the appellant brief (Kansas and three tribes): Appellant’s Opening Brief
Here’s the federal response brief: Federal Appellee Brief
Here’s the reply brief: Appellant’s Reply Brief
Turtle Talk 