Ninth Circuit – Page 43

Ninth Circuit Briefs in U.S. v. Bearcomesout — Federal Defenders Seek End of the Dual Sovereignty Exception for Indian Tribes

March 2, 2017April 27, 2017Matthew L.M. Fletcher1 Comment

Here are the briefs in United States v. Bearcomesout:

An excerpt from the opening brief:

Because the Northern Cheyenne Constitution cedes almost unfettered authority to the federal government, Ms. Bearcomesout’s prior conviction in Tribal Court bars subsequent federal prosecution in U.S. District Court as a violation of the Double Jeopardy clause. What is more, the frequency of litigation attacking identical and successive prosecutions says something about the inherent unfairness and counter intuitive legal analysis imposed on what seems to be a simple constitutional prohibition. Perhaps it is time to eschew the ‘separate sovereign’ concept altogether; because the harm it is intended to proscribe is hardly served by current separate sovereigns doctrine. See Puerto Rico v. Sanchez Valle, 579 U.S ___, 136 S.Ct. 1863, 1877 (2016) (Ginsberg, J., concurring).

Ninth Circuit Briefs in Northern Arapaho Tribe v. LaCounte

February 17, 2017March 28, 2017Matthew L.M. Fletcher

Here:

BIA Opening Brief

Northern Arapaho Tribe Answer Brief

Other briefs TK.

Lower court materials here.

Ninth Circuit Materials in Navajo Nation Water Rights Claim to Colorado River

February 15, 2017February 15, 2017Matthew L.M. Fletcher3 Comments

Here are the briefs in Navajo Nation v. Dept. of Interior:

Water Districts Brief

Navajo Reply

Oral argument video here.

Lower court materials here.

Ninth Circuit Materials in Guidiville Rancheria v. United States

February 15, 2017Matthew L.M. Fletcher

Here are the briefs:

Guidiville Rancheria Opening Brief

City of Richmond Brief

Oral argument video here.

Lower court materials here.

Update in Paskenta Band v. Crosby

January 26, 2017Matthew L.M. Fletcher

Here are updated orders in Paskenta Band of Nomlaki Indians v. Crosby (E.D. Cal.):

299-dct-order-dismissing-umpqua-bank

342-dct-order-dismissing-gdk-consulting

358-dct-order-granting-cornerstone-bank-motion

359-dct-order-denying-moore-insurance-motion

360-dct-order-denying-pi-motion

Recall the CA9 recently revived the tribe’s effort to freeze Crosby assets, post here.

Also, the federal indictment of the Crosby family is here.

Ninth Circuit Holds Consumer Financial Protection Act Applies to Tribes

January 20, 2017Matthew L.M. Fletcher1 Comment

Here is the opinion in Consumer Financial Protection Board v. Great Plains Lending.

An excerpt:

We have consistently held in our post-Stevens precedent that generally applicable laws apply to Native American tribes unless Congress expressly provides otherwise. In the Consumer Financial Protection Act, a generally applicable law, Congress did not expressly exclude tribes from the Bureau’s enforcement authority. Although the Act defines “State” to include Native American tribes, with States occupying limited co-regulatory roles, this wording falls far short of demonstrating that the Bureau plainly lacks jurisdiction to issue the investigative demands challenged in this case, or that Congress intended to exclude Native American tribes from the Act’s enforcement provisions. Neither have the Tribes offered any legislative history compelling a contrary conclusion regarding congressional intent. At this stage of the proceedings, we affirm the district court’s order enforcing the investigative demands against the Tribal Lending Entities.

And:

At this stage of the proceedings, we conclude that the district court properly held that the Bureau does not plainly lack jurisdiction to issue investigative demands to the tribal corporate entities under the Act. See id. at 1002. Although the Tribal Lending Entities make some appealing arguments, none of the arguments suffices to breach or evade the barrier to their success provided by the Coeur d’Alene revetment.

Briefs here.