Ninth Circuit – Page 25

1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.

2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.

Lower court materials here.

Update:

Brief in Opposition

US Invitation Brief

FMC Supplemental Brief

Ninth Circuit Rejects Upper Lake Pomo Citizens’ Play for Trust Land

March 17, 2020Matthew L.M. Fletcher

Here is the unpublished opinion in Jackson v. United States.

Briefs:

opening-brief.pdf

us-brief.pdf

intervenors-brief.pdf

reply-brief.pdf

Lower court materials here.

Ninth Circuit Briefs in Navajo Nation Trust Breach Appeal re: Water Rights

March 13, 2020July 20, 2020Matthew L.M. Fletcher

Here are the briefs in Navajo Nation v. United States:

Navajo Opening Brief

NCAI Amicus Brief

Law Profs Amicus Brief

Federal Answer Brief

Lower court materials here.

Swinomish Tribe Prevails in Ninth Circuit on Railroad Trespass Appeal

March 4, 2020Matthew L.M. Fletcher

Here is the opinion in Swinomish Indian Tribal Community v. BNSF Railway Co.

Briefs here.

Ninth Circuit Oral Argument Video in Yakama Nation v. Yakima County

March 4, 2020March 4, 2020Matthew L.M. Fletcher

Here:

Briefs here.

Ninth Circuit Briefs in Club One Casino Inc. v. Dept. of Interior

February 19, 2020Matthew L.M. Fletcher

Here:

Appellant Brief Download

Answer Brief Download

Reply Download

Oral argument here:

Pinoleville Pomo Nation v. JW Gaming Development LLC Cert Petition

February 6, 2020Matthew L.M. Fletcher

Here:

petition-for-a-writ-of-certiorari.pdf

appendix.pdf

Question presented:

Whether an Indian tribe’s governing body can be stripped of its sovereign immunity from suit for actions taken by its members in their official capacities, as long as a plaintiff merely names the members individually and those officials will be bound by any judgment entered.

Lower court materials here.

Ninth Circuit En Banc Panel Holds Arizona Discriminates against Voters of Color

January 29, 2020Matthew L.M. Fletcher

Here is the opinion in Democratic National Committee v. Hobbs. A powerful history of the State’s suppression of Native voting begins on page 54 of Judge Fletcher’s majority opinion. The work of Patty Ferguson-Bohnee is cited repeatedly on this point.

Briefs: