Mitchell v. Tulalip Tribes

SCOTUS Denies Cert in Mitchell v. Tulalip; Teck Metals v. Colville; and King Mountain Tobacco

Matthew L.M. Fletcher

Here is the order list.

Mitchell materials here.

Teck Metals materials here.

King Mountain materials here.

Mitchell v. Tulalip Tribes Cert Petition

Matthew L.M. Fletcher

Here:

mitchell-cert-petition.pdf

UPDATE:

Tulalip BIO

Question presented:

Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes’ treaty with the United States?

Lower court materials here.

Ninth Circuit Affirms Mitchell v. Tulalip

Matthew L.M. Fletcher

Here is the unpublished opinion in Mitchell v. Tulalip Tribes:

Opinion – Affirming Dismissal

Briefs here.

Ninth Circuit Briefs in Mitchell v. Tulalip Tribes [challenge to tribal zoning ordinance]

Matthew L.M. Fletcher

Here:

Mitchell Opening Brief

Tulalip Answer Brief

Reply Brief