Ninth Circuit

Ninth Circuit Materials on Whether Federal Whistleblower Protection Statute Applies to ISDEAA Funds

Matthew L.M. Fletcher

Here are the briefs in Kent v. LaCounte:

Kent Opening Brief

Government Brief

Ora argument video here (be ready for discussion about Möbius strips and concentric circles in describing the federal statutory structure):

UCLA Webinar on Oak Flat Decision

Matthew L.M. Fletcher
Link

Ninth Circuit Rejects Native Religious Claims in Oak Flat Land Swap Dispute

Matthew L.M. Fletcher

Here is the opinion in Apache Stronghold v. United States.

Links to briefs and other materials here.

Ninth Circuit Affirms Tribal Jurisdiction in Lexington Insurance Co. v. Smith [Suquamish]

Matthew L.M. Fletcher

Opinion here.

Briefs here.

Ninth Circuit Materials in Lexington Insurance Company v. Mueller [Cabazon]

ilpc

Here are the briefs:

Opening Brief.pdfDownload
Second Brief.pdfDownload
Lexington Reply.pdfDownload
Cabazon Reply.pdfDownload

Oral argument video here:

Lower court materials here.

Update (4/8/24):

Lexington Supplemental Brief.pdfDownload
Cabazon Supplemental Brief.pdfDownload

No Casino in Plymouth v. NIGC Cert Petition

Matthew L.M. Fletcher

Here:

cert-petitionDownload

Questions presented:

  1. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to DOI’s approval of a trust transfer for the Ione Band which was not a recognized tribe in 1934 as required by the IRA?
  2. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to NIGC’s authority to approve a gaming ordinance for the Ione Band which has no Indian lands as defined by IGRA?
  3. Did the Ninth Circuit err when it dismissed plaintiffs’ claim that federal acknowledgement as a tribe under 25 CFR Part 83 is a prerequisite for the Ione Band to receive IRA and IGRA benefits?

Lower court materials here.

Ninth Circuit Materials in United States v. Washington Subproceeding 17-03 — Stillaguamish U&A

Matthew L.M. Fletcher

Oral argument here:

Briefs here:

Stillaguamish Brief.pdfDownload
Hoh Answer Brief.pdfDownload
S’Klallam Tribes Answer Brief.pdfDownload
Swinomish Answer Brief.pdfDownload
Tulalip Answer Brief.pdfDownload
Upper Skagit Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

SCOTUS Declines to Review Ninth Circuit’s Rule 19/Tribal Immunity Decision

Matthew L.M. Fletcher

Here is Monday’s order list.

The petition was Klamath Irrigation District v. Bureau of Reclamation: petition and opposition briefs.

Ninth Circuit Briefs in Williams & Cochrane v. Rosette

Matthew L.M. Fletcher

Here:

Williams & Cochrane Opening Brief.pdfDownload
Rosette Answer Brief.pdfDownload
W&C Reply.pdfDownload

Prior posts here and here.

Northwestern Shoshone Treaty Suit Prevails against Idaho in Ninth Circuit

Matthew L.M. Fletcher

Here is the opinion in Northwestern Band of the Shoshone Nation v. Wooten.

Briefs here.

Law.