SCOTUS Denies Cert in Wisconsin v. LCO Night Deer Hunting Case

Here is today’s order list.

The petition is here.

Wisconsin Files Cert Petition in Night Deer Hunting Case

Here is the petition in Wisconsin v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians:

Wisconsin Petition for Writ of Certiorari

Question presented:

A moving party under Fed. R. Civ. P. 60(b)(5) must show a significant change in factual  conditions or law that renders continued enforcement of a judgment detrimental to the public interest. The proceeding is not a relitigation of the underlying judgment. Here, the Seventh Circuit shifted the burden to the non-moving party (Wisconsin) to justify an underlying judgment that night hunting of deer was fundamentally unsafe. Does Rule 60(b)(5) permit shifting the burden to the non-moving party to justify the original judgment?

LCO Cert Opp

Seventh Circuit materials here.