Ninth Circuit

SCOTUS Denies Chinook Petition

Matthew L.M. Fletcher

Here is today’s order list.

Petition here.

Ninth Circuit Rejects Effort to Force Injunction Against Transfer of Oak Flat to Mining Company

Matthew L.M. Fletcher

Here is the lead opinion in Arizona Mining Reform Coalition v. United States Forest Service. A partial dissent is forthcoming.

Selected briefs are here.

Ninth Circuit Materials in Twenty-Nine Palms Band of Mission Indians v. Bondi

Matthew L.M. Fletcher

Here are the briefs:

Opening Brief

Answer Brief

State Amicus Brief

Reply

Oral argument:

Lower court materials here.

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.