Ninth Circuit

Briefs in Opposition to Alaska’s Effort to Once Again Open Up the Alaska Native Subsistence Rights Litigation

Matthew L.M. Fletcher

Here are the new briefs in Alaska v. United States:

Federal BIO

Tribal BIO

Cert petition here.

OMG this is ridiculous.

Ninth Circuit Materials in UNITE HERE International v. Wilton Rancheria

Matthew L.M. Fletcher

Brief (only one is available?):

Opening Brief

Lower court materials here.

Ninth Circuit Briefs in Blackfoot Citizens’ Challenge to Trump Tariffs

Matthew L.M. Fletcher

Here are the briefs so far in Webber v. Department of Homeland Security:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload
Webber Supplemental Brief.pdfDownload

Alaska Federal Court Declines to Dismiss Metlakatla Fishing Rights Case under Rule 19

Matthew L.M. Fletcher

Here are new materials in Metlakatla Indian Community v. Dunleavy (D. Alaska):

96 Rule 19 Motion to Dismiss.pdfDownload
111 Alaska Non-Opposition.pdfDownload
112 Metlakatla Opposition.pdfDownload
123 Reply ISO Motion to Dismiss.pdfDownload
129 DCT Order.pdfDownload

Prior post here.

Ninth Circuit Allows State Suit against Tribal Officials under Ex parte Young in Cigarette Taxes Case

Matthew L.M. Fletcher

Here is the opinion in State of California v. del Rosa.

Briefs:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload

Prior Ninth Circuit materials here.

Siletz Takes Unusual Step of Filing an Amicus Brief in Opposition to Chinook’s Federal Recognition Cert Petition Where Feds Had Already Declined to Respond

Matthew L.M. Fletcher

Here is the brief in Chinook Indian Nation v. Burgum:

Siletz Amicus BIO

Petition here.

CashCall v. Consumer Financial Protection Board Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

1. Whether a claim for legal restitution triggers the Seventh Amendment right to a jury trial. 2. Whether a litigant may validly waive a constitutional right at a time when binding circuit precedent clearly forecloses any exercise of that right.

Lower court materials here.

Ninth Circuit Briefing in Oak Flat Cases (so far)

Matthew L.M. Fletcher

Here are the briefs in several consolidated cases [Brown Lopez v. United States, 25-5197; Arizona Mining Reform Coalition v. Rollins, 25-5185; San Carlos Apache Tribe v. United States Forest Service, 25-5189]:

CA9 Stay Order

Arizona Reform Mining Coalition Opening Brief

Lopez Opening Brief

San Carlos Apache Tribe Opening Brief

Tribal Orgs Amicus

Lipan NAC Amicus  

NNALSA Amicus

Sacred Ground Legal Services

COLT Amicus Brief

Religious Freedom Institute Amicus Brief

Chinook Indian Nation v. Burgum Cert Petition [federal recognition]

Matthew L.M. Fletcher

Here:

Chinook v Burgum Cert PetitionDownload

Question presented:

Does a federal court have jurisdiction to recognize the existence of an Indian tribe where the findings in the Indian Tribe List Act, Public Law 103-454, sec. 103(3), provide that “Indian Tribes presently may be recognized by . . . a decision of a United States court,” and no other federal statute addresses the question of tribal recognition?

Lower court materials here.

Alaska v. United States Cert Petition [Alaska Native fishing subsistence rights]

Matthew L.M. Fletcher

Here:

Alaska v US Cert PetitionDownload

Question presented:

Whether the United States can regulate fishing on Alaska’s navigable waters under the Alaska National Interest Lands Conservation Act, when its statutory authority is limited to “public lands” and that term is defined as “lands, waters, and interests therein … the title to which is in the United States.”

Lower court materials here.