Ninth Circuit – Page 31

1. Whether the Ninth Circuit erred in holding that the Yakama Treaty must include express exemptive language” to create an exemption from a federal tax or fee.

2. Whether the Ninth Circuit erred in holding that the federal tobacco excise tax, 26 U.S.C. § 5701-5703, and the Fair and Equitable Tobacco Reform Act (“FETRA”), 7 U.S.C. § 518-519, apply to the Yakama Indians even though (1) the Yakama Treaty creates a right to travel in order to protect the Yakama Indians’ ability to trade and (2) these taxes and fees are triggered by the transport of goods – rather than by sale or manufacture.

Lower court materials here. Case tag here.

Update:

us-brief-in-opposition.pdf

Mitchell v. Tulalip Tribes Cert Petition

January 30, 2019May 8, 2019Matthew L.M. Fletcher

Here:

mitchell-cert-petition.pdf

UPDATE:

Tulalip BIO

Question presented:

Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes’ treaty with the United States?

Lower court materials here.

Ninth Circuit Rejects Tribe’s Effort to Avoid Possessory Interest Tax (again)

January 29, 2019Matthew L.M. Fletcher

Here is the unpublished opinion in Agua Caliente Band of Cahuilla Indians v. Riverside County. An excerpt:

In Agua Caliente Band of Mission Indians v. County of Riverside, 442 F.2d 1184 (9th Cir. 1971), we held that this very tax is permissible. Plaintiff argues that our cursory preemption analysis there is clearly irreconcilable with White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980), and therefore not controlling. See Miller v. Gammie, 335 F.3d 889, 893 (9th Cir. 2003) (en banc) (permitting a three-judge panel to depart from circuit precedent if, but only if, that precedent is clearly irreconcilable with a later Supreme Court or en banc decision). We disagree.

Materials are here.

Ninth Circuit Vacates Stillaguamish Effort to “Engineer” Jurisdiction in an Immunity Defense Case

January 22, 2019Matthew L.M. Fletcher

Here is the opinion in Stillaguamish Tribe of Indians v. State of Washington.

Materials here.

Ninth Circuit Briefs in Swinomish v. BNSF

January 14, 2019July 3, 2019Matthew L.M. Fletcher

Here:

BNSF opening brief

Swinomish answer brief

Tribal Amicus

State Amicus

BNSF Reply

Casino Pauma v. NLRB Cert Petition

January 10, 2019Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Should this Court reconsider Chevron?

2. Does the National Labor Relations Act apply to Indian tribes?

3. Does the employee-to-employee solicitation rule in Republic Aviation empower employees to solicit customers in business “guest areas” like restrooms and restaurants?

Lower court materials here.