Mackinac Tribe v. Jewell Cert Petition


Cert Petition

Questions presented:

Whether the Court of Appeals deviated from this Court’s decision in Carcieri v Salazar, 555 U.S. 379 (2009) which held that the Secretary of Interior’s Federal Acknowledgment Process (FAP) established in 25 C.F.R. Part 83 is not determinative as to whether Indian Tribe is “recognized” for the purposes of the Indian Reorganization Act (25 U.S.C. § 479)?

Whether the Secretary of Interior can avoid performing her mandatory non-discretionary duty under the Indian Reorganization Act (25 U.S.C. § 476) to call elections to ratify tribal constitutional documents within a reasonable time by requiring a tribe to exhaust administrative remedies estimated to require 30 years to complete?

Lower court materials here.

D.C. Circuit Briefs in Mackinac Tribe v. Jewell


Tribe Opening Brief

US Answer Brief


Lower court briefs here.

Federal Court Rejects Mackinac Tribe’s Bid for Federal Recognition

Here is the order in Mackinac Tribe v. Jewell (D. D.C.):

19 DCT Order

Briefs are here.

Mackinac Tribe v. Jewell — Complaint for Federal Recognition

Here is the complaint:


An excerpt:

COMES NOW, Petitioner, MACKINAC TRIBE, by and through undersigned counsel, to petition the Court to determine that the MACKINAC TRIBE is a federally recognized  Indian Tribe, and to order the Defendant, Secretary of the Interior, to conduct elections under the Indian Reorganization Act to adopt a draft proposed Constitution for such tribe, and such other relief as may be appropriate.