Supreme Court Denies Cert in Carter v. Washburn (Sweeney) [ICWA Class Action]

Here is the order. Here is the case page.

This should be the end of this litigation (the original 2015 “Goldwater case”), as the Ninth Circuit vacated and remanded the case below to have it dismissed as moot.

Federal Court Accepts Cherokee Nation’s Voluntary Dismissal of Tribal Court Opioid Case

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.):

139 Hembree Motion to Dismiss

141 Opposition

145 Reply

146 DCT Order

Prior post here.

Rosebud Sioux Tribe Supreme Court Decision in Tribal Chairman’s Removal Dispute

Here is the opinion in Scott v. Kindle:


An excerpt:

The case at bar is fraught with such risk. There is no doubt that the action of the Tribal Council in removing President Scott from office is of historical significance. As such, it ought not be too readily set aside, especially when no practical remedy is available. As noted above, a new Tribal president, William Kindle, has recently been elected and taken office. Mr. Scott, even if he could prevail on his substantive arguments, cannot be placed back in office.3 Under these circumstances, it’s best to avoid any unnecessary constitutional conflict.


Judge Gorton Holds Massachusetts Gaming Act Passes Constitutional Scrutiny

Here are the materials in KG Urban v. Patrick (D. Mass.):

140 Mass Gaming Commission Motion for Summary J

143 KG Urban Motion for Summary J

151 KG Urban Opposition

152 Mass Gaming Commission Opposition

153 Mass Gaming Commission Reply

160 DCT Opinion

News coverage here.

Prior posts in this case are here, here, here, and here. First Circuit materials are here.

Ninth Circuit Dismisses Wandering Medicine Voting Rights Appeal as Moot

Here is the unpublished order:

Wandering Medicine Mem Dispo

An excerpt:

Because we conclude that the scope of the preliminary injunction only included the 2012 election, this court can no longer provide plaintiffs with the relief requested—requiring defendants to open satellite offices in time for that election. Although plaintiffs’ complaint requested “preliminary and permanent injunctive relief . . . for the 2012 primary election and . . . for all future elections,” plaintiffs’ motion for a preliminary injunction included no such language, and the evidence presented to the district court focused almost exclusively on the 2012 election. As that election has passed, there is no longer any relief that this court can provide with respect to that election.

Briefs and other materials here.

Ninth Circuit Materials in Wandering Medicine v. McCulloch — Voting Rights Case

Here are the briefs:

Wandering Medicine Opening Brief

NCAI Amicus Brief

US Amicus Brief

County Appellees’ Brief

Wandering Medicine Reply

Oral argument audio here.

Materials on the appellees’ motion to dismiss here.

Lower court materials here and here.

KG Urban v. Patrick Update — Matter Not Moot

Here are updated materials in KG Urban v. Patrick (D. Mass.):

DCT Order Denying MTD

Motion to Dismiss

KG Urban Opposition


Amended complaint here.

Update in Wandering Medicine v. McCulloch — Ninth Circuit Materials (so far) in Montana Voting Rights Case


Appellants Opposition to Motion

Appellees Motion to Dismiss Appeal

CA9 Order on Motion to Dismiss

News coverage here.

Lower court materials here.

Update in Ruby Pipeline Case

Guess the big win wasn’t all that big. Here are two unpublished opinions from the Ninth Circuit in related cases that are not so excellent for the tribes.



Utah SCT Dismisses Navajo ICWA Tribal Court Transfer Denial Suit as Moot

Here is the opinion:


An excerpt:

This case involves a dispute over the Division of Child and Family Services’ (DCFS) compliance with the Indian Child Welfare Act (ICWA). The Navajo Nation (Nation) moved the juvenile court to transfer jurisdiction to the Nation. The juvenile court denied this motion. The Nation appealed to the Utah Court of Appeals. The court of appeals dismissed the case. We granted certiorari to determine whether the court of appeals erred in (1) holding that it lacked appellate jurisdiction over the Nation’s direct appeal of the juvenile court’s denial of a renewed motion to transfer jurisdiction and (2) declining to permit full briefing under rule 58 of the Utah Rules of Appellate Procedure. Because the Nation’s consent to the child’s adoption placement renders these procedural questions moot, we decline to address the issues raised on certiorari.