Ninth Circuit – Page 33

Plaintiffs filed a notice of appeal from the District Court’s dismissal of their civil RICO action to the Ninth Circuit Court of Appeals, in Rabang v. Kelly (Rabang II). Pending that appeal, the Whatcom County Superior Court further stayed a Nooksack Tribal Court housing eviction proceeding.

Here:

7-31-18 Defendant Chief Judge Raymond G Dodge Jr’s Notice of Decision

8-23-18 Declaration of Rachel Saimons in Support of Defendant Dodge’s Motion to Re-Note Motion to Dismiss

8-23-18 Defendant Chief Judge Raymond G Dodge Jr’s Motion to Re-Note Motion to Dismiss

8-23-18 Defendants’ Renewed Motion to Dismiss

8-31-18 Declaration of Gabriel Galanda In Support of Plaintiffs’ Response In Opposition to Defendants’ Renewed Motions to Dismiss

8-31-18 Plaintiffs’ Response In Opposition to Defendants’ Renewed Motions to Dismiss

9-10-18 Order Granting Stipulated Motion to Stay Proceedings Pending Decision by the Ninth Circuit Court of Appeals

168 8-24-18 Plaintiffs’ Notice of Appeal

Ninth Circuit Affirms in Pakootas v. Teck Caminco Metals

September 14, 2018Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Split Ninth Circuit Panel Approves Voting Rules in Arizona Intended to Make Voting Harder for People of Color

September 13, 2018September 13, 2018Matthew L.M. Fletcher

Here is the opinion in Democratic National Committee v. Reagan.

An excerpt from Chief Judge Thomas’ dissent:

“No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live.” Wesberry v. Sanders, 376 U.S. 1, 17 (1964). Our right to vote benefits government as much as it benefits us: a representative democracy requires participation, and the people require representatives accountable to them. Arizona’s electoral scheme impedes this ideal and has the effect of disenfranchising Arizonans of African American, Hispanic, and Native American descent.

Arizona’s policy of wholly discarding—rather than partially counting—votes cast out-of-precinct has a disproportionate effect on racial and ethnic minority groups. It violates § 2 of the Voting Rights Act (“VRA”), and it unconstitutionally burdens the right to vote guaranteed by the First Amendment and incorporated against the states under the Fourteenth Amendment.

Ninth Circuit Rejects Tribe’s Challenge to Interior Determination in Whistleblower Case

August 21, 2018August 22, 2018Matthew L.M. Fletcher

Here is the opinion in Chippewa Cree Tribe of the Rocky Boy Reservation v. Dept. of Interior. A related unpublished opinion in St. Marks v. Dept. of Interior is here.

From the court’s syllabus:

The panel denied a petition for review by the Chippewa Cree Tribe challenging a decision of the U.S. Department of the Interior that ordered the Tribe to provide relief to Ken St. Marks, who was removed from the Tribe’s governing body – the Business Committee – in retaliation for his whistleblowing.

St. Marks informed the Department of the Interior that members of the Business Committee were misusing federal stimulus funds awarded to the Tribe by the Department pursuant to the American Recovery and Reinvestment Act. The Act contains robust whistleblower protections.

Briefs here.

Lower court materials here.

Ninth Circuit Briefs in Chemehuevi Indian Tribe v. McMahon

August 17, 2018May 14, 2019Matthew L.M. Fletcher

Here:

Opening Brief

Answer Brief

Prior posts here.

Ninth Circuit Rejects Gila River Indian Community Reimbursement Claims against VA

August 15, 2018Matthew L.M. Fletcher

Here is the opinion in Gila River Indian Community v. Dept. of Veterans Affairs.

Briefs here.

Ninth Circuit Rejects Treaty Defense in United States v. King Mountain Tobacco (Nos. 14-36055, 16-35607)

August 13, 2018August 13, 2018Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

We affirm our longstanding rule that Indians—like all citizens—are subject to federal taxation unless expressly exempted by a treaty or congressional statute. Hoptowit, 709 F.2d at 566. In this case, neither the General Allotment Act nor the Treaty with the Yakamas expressly exempts King Mountain from the federal excise tax on manufactured tobacco products. King Mountain is therefore liable for payment of the tax and associated penalties and interest.

Briefs here.

The CA9 also rejected an appeal on a discovery issue in this matter (docket number 16-35956):

Memorandum Opinion

Briefs in that matter here.

Ninth Circuit Dismisses Carter v. Tahsuda [formerly A.D. v. Washburn] as Moot

August 6, 2018August 6, 2018Matthew L.M. Fletcher

Here is the order:

Doc 75-1 – Memorandum Op

Materials are here.