Here, from High Country News.
Navajo Nation
Materials in Navajo Nation, et al. v. Reagan – Voting Rights Litigation
Here are the materials in Navajo Nation, et al. v. Reagan, et al. No. CV-18-08329-PCT-DWL (Ariz. D. Ct. 2019).
The Amended Complaint sought:
[D]eclaratory and injunctive relief, compelling the Defendants to (a) allow early voters who do not sign their ballot affidavit to have the same opportunity to cure the ballot deficiency that is provided to voters with a mismatched signature, (b) allow early voters who do not sign their ballot affidavit to have the same chance to cure their ballot as voters who vote by conditional provisional ballots, (c) provide translators certified as proficient in the Navajo language for all future early voting and election-day polling sites, (d) provide translation of instructions for casting an early ballot in Navajo over the radio for the 30 days leading up to an election, (e) establish additional in-person voter registration sites, and (f) establish additional early voting sites on the Reservation for all future elections that are open for consistent hours (at a minimum, each Monday through Friday from 8 a.m. until 6 p.m. with no interruption during the lunch hour) during the 30 days leading up to the election. This relief is sought on the grounds that failure to provide the requested relief is a denial of the equal right to vote.
The lawsuit was settled, and the Settlements can be seen here:
NPR: “Many Native Americans Can’t Get Clean Water, Report Finds”
Here.
Report here (chapter on Navajo).
Ninth Circuit Briefs in Employers Mutual Casualty Company v. McPaul [formerly Branch]
Ninth Circuit Briefs in Jim v. Shiprock Associated Schools Inc.
Federal Court Appoints Bob Yazzie and Troy Eid as Mediators in Barboan Trespass/Condemnation Action
Here is the order in Public Service Co. of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):
Ninth Circuit Affirms Rule 19 Dismissal of Environmental Challenge to Four Corners Power Plant
NYT on ICWA and the Brackeen Case
Transfer to Tribal Court Case from Colorado [ICWA]
Here is a case that continues to demonstrate the importance of ensuring a state ICWA law allows transfer of cases post-termination. Navajo Nation intervened and appealed the decision to deny transfer (and to move the children back to the former, non-ICWA compliant foster home, who opposed the transfer to tribal court).
Additional important issues in this case including the appealability of a final order, standing of former foster parents (they had none), and post-termination transfer to tribal court.
We acknowledge that ICWA only addresses a request to
transfer jurisdiction during foster care placement and termination of parental rights proceedings. 25 U.S.C. § 1911(b). It does not mention such a request during preadoptive or adoptive placement proceedings. See id. Even so, the Children’s Code, as it existed at the time the juvenile court denied transfer, permits a juvenile court to consider transfer of jurisdiction to a tribal court “[i]n any of the cases identified in subsection (1) of this section involving an Indian child.” § 19-1-126(1), (4)(a). The cases identified in subsection (1) include “pre-adoptive and adoption proceedings.” § 19-1-126(1).
Federal Court Dismisses Title VII Suit against Shiprock Schools (tribally controlled school)
Here are the materials in Jim v. Shiprock Associated Schools (D.N.M.):
