Nebraska v. Parker

Petitioner’s Opening Brief in Nebraska v. Parker

Matthew L.M. Fletcher

Here:

Nebraska Opening Brief

Our briefs and materials page on this case is here.

SCOTUS Grants Cert in Omaha Reservation Case

Matthew L.M. Fletcher

Here is the Court’s order list.

Here are the petition stage briefs in Nebraska v. Parker:

Cert petition

US Cert opposition 

NARF page on this case.

Lower court materials here.

United States Cert Opposition Brief in Nebraska v. Parker

Matthew L.M. Fletcher1 Comment

Here:

US Cert Opp Brief

Cert petition and link to lower court materials here.

State of Nebraska v. Parker Cert Petition

Matthew L.M. Fletcher2 Comments

Here:

State of Nebraska v Parker cert petition

Questions presented:

In Solem v. Bartlett, the Court articulated a three-part analysis designed to evaluate whether a surplus land act may have resulted in a diminishment of a federal Indian reservation. See 465 U.S. 463, 470-72 (1984). The Court found that the “statutory language used to open the Indian lands,” “events surrounding the passage of a surplus land Act,” and “events that occurred after the passage of a surplus land Act” are all relevant to determining whether diminishment has occurred.

The questions presented by the petition are:

1. Whether ambiguous evidence concerning the first two Solem factors necessarily forecloses any possibility that diminishment could be found on a de facto basis.

2. Whether the original boundaries of the Omaha Indian Reservation were diminished following passage of the Act of August 7, 1882.

Lower court materials here.