Ninth Circuit

Ninth Circuit Rejects Challenge to Cal. Anti-Affirmative Action Statute

Matthew L.M. Fletcher1 Comment

Here is the opinion.

Ninth Circuit Briefing in State Eminent Domain Case against Tohono O’odham Nation

Matthew L.M. Fletcher2 Comments

Here are the materials in Tohono O’Odham Nation v. City of Glendale:

Arizona & Glendale Brief

TON Principal Brief

Arizona & Glendale Reply

TON Reply

Lower court materials are here.

Ninth Circuit Reverses Dismissal of Effort to Avoid Navajo Jurisdiction — UPDATED with Briefs

Matthew L.M. Fletcher1 Comment

Here is the opinion in Salt River Project v. Lee.

Lower court materials here.

More materials later.

Update — here are the briefs:

Salt River Opening Brief

Navajo Response Brief

Salt River Reply Brief

Federal Court Rejects Navajo Motion to Dismiss EEOC v. Peabody Coal

Matthew L.M. Fletcher

Here is that opinion:

DCT Order Denying Navajo Motion to Dismiss

This case is on remand from the Ninth Circuit. It involves the validity of the Navajo Preference in Employment statute under Title VII.

Update in Native Village of Kivalina v. ExxonMobile

Matthew L.M. Fletcher1 Comment

Not much actually, just the oral argument audio and video.

Opening, answering, and amicus briefs are here.

Supplemental Briefs are here:

Kivalina Supplemental Brief

Industry Supplemental Brief

Update in Gila River v. US (Challenge to Tohono O’Odham Trust Acquisition in Ninth Circuit)

Matthew L.M. Fletcher2 Comments

This is the news report noting that the Ninth Circuit will hear oral argument in this case in April (via Pechanga).

Here are the opening briefs.

And the rest of the briefs are now in:

Interior Answering Brief

Tohono O’odham Nation Brief

City and State Reply Brief

Gila River Reply

Rios and Terry Reply

Ninth Circuit Rejects Save the Peaks’ Effort to Stop the Arizona Snowbowl, Labels Effort a “Gross Abuse of the Judicial Process”

Matthew L.M. Fletcher3 Comments

Here is today’s opinion in Save the Peaks v. United States Forest Service, where the court opens with:

This case represents a gross abuse of the judicial process. Just when Defendants-Appellees United States Forest Service and Joseph P. Stringer (USFS), and Intervenor-Defendant Arizona Snowbowl Resort Limited Partnership (ASRLP) had successfully defended an agency decision to allow snowmaking at a ski resort on federal land all the way to the United States Supreme Court, “new” plaintiffs appeared.

Here are the briefs:

Save the Peaks Opening Brief

Federal Response Brief

Arizona Snowbowl Response Brief

Save the Peaks Reply Brief

Oral argument audio here.

Lower court decision here.

Ninth Circuit Strikes Down Prop 8

Matthew L.M. Fletcher

Here is the opinion, thanks to How Appealing. The Ninth Circuit’s server seems to have crashed.

Ninth Circuit Denies En Banc Petition in Miranda v. Anchondo (BIA & Pascua Yaqui)

Matthew L.M. Fletcher

Here are the materials (the order denying review is here):

Miranda En Banc Petition

Combined Opposition to En Banc Petition

The panel materials and opinion are here.

 

Ninth Circuit Holds that Indian Juveniles Convicted of Sex-Related Delinquency Crimes Must Register under SORNA

Matthew L.M. Fletcher

Here is today’s opinion in United States v. Juvenile Male.

An excerpt:

Three juvenile defendants, each of whom is a member of an Indian Tribe and who pleaded true to a charge of aggravated sexual abuse with children, appeal their conditions of probation or supervision requiring registration under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. § 16901 et seq. Defendants argue that SORNA’s registration requirement contravenes the confidentiality provisions of the Federal Juvenile Delinquency Act (FJDA), 18 U.S.C. § 5031 et seq., and also challenge its constitutionality. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. Because we conclude that Congress, in enacting SORNA, intentionally carved out a class of juveniles from the FJDA’s confidentiality provisions, and that SORNA’s registration requirement is constitutionally sound, we affirm the district courts’ imposition of the sex offender registration conditions.