Obama

Obama Judicial Appointments and the Supreme Court

Matthew L.M. Fletcher

Today’s WaPo article on the possibility that President Obama’s judicial appointments to the federal courts of appeal might reshape much of American law raises a few interesting questions, perhaps ones that can be empirically assessed over the course of his administration.

According to the article, 56 percent of the current federal court of appeals judges were appointed by Republican presidents, and Obama could flip that. But the Supreme Court’s current conservative bent is unlikely to change much during his term, even if it stretches two terms.

My hypothesis is that the Roberts Court, assuming more and more appellate court decisions are “liberal,” will grant cert in more and more cases to counteract the trend. The Ninth Circuit, which is still a majority Democrat appointed bench, is the circuit most reversed by the Court right now.

I think there must be a relation to the general conservatism of the lower courts and the lack of cases in which the Roberts Court grants cert. It might only be 10-15 cases a year, but that’s still pretty significant.

Romulus Indian Gaming News

Matthew L.M. Fletcher

From the Romulus Roman:

Romulus officials hope a year-long moratorium regarding the expansion of Indian gaming that was put into place by the U.S. Bureau of Indian Affairs will be lifted, or at least more flexible, under a Barack Obama administration.

City officials met with a representative from the Hannahville Indians last week, and all involved said they felt they would receive more consideration for the tribal request to build a casino in Romulus.

“I think that once there’re more Democrats in Washington, and more people who are interested in helping Michigan, we will turn this around,” said Romulus Mayor Alan Lambert.

Continue reading →

Commentary on Washington Redskins

Matthew L.M. Fletcher

From Counterpunch:

The Washington Redskins is an old team sports brand name with no suitable place in the nation’s capital when Barak Obama takes office as the first African-American President of the United States. Of course, Indigenous America has its own museum on the Mall. Official Washington believes it treats First Nations with the respect due predecessors and compatriots. To make this a little truer, this public sports slur about Red Skins could to be remedied while the rest of Indian affairs is left on President Obama’s plate; especially, neglects inherent in the day to day follow through by the Federal government and Congress in confirming the nation’s Constitutional obligation to honor the trust relationship between America and the tribes, (a relationship taken up and confirmed by the Founders and by the Crown before them). You and I can eliminate the sports slur. Modern tribes and Native American advocacy groups, have other, more productive ways to expend their political energy and resources than to waste time on this old stereotype. Why should they expend energy fighting to eliminate an obvious joke on the jokers? Changing the name should be of no more remark than wiping away graffiti in public restrooms. Jews did not have to lobby to get the Jew’s Harp renamed a “mouth harp?” It just happened; tastes change and old prejudices stand out like sour thumbs.

Continue reading →

David Frederick as the Next Solicitor General?

Matthew L.M. Fletcher1 Comment

Here is the article.

David Frederick argued Plains Commerce Bank v. Long Family Land and Cattle Co. on behalf of the Long Family, and did a great job. He is also the author of Supreme Court and Appellate Advocacy.

Detroit Auto Bailout & Indian Gaming Proposals: A Link?

Matthew L.M. Fletcher

Congress effectively killed the various proposals brought by the State of Michigan, the Bay Mills Indian Community, and the Sault Ste. Marie Tribe of Chippewa Indians to ratify off-reservation gaming agreements between the three and variously the Cities of Romulus, Flint, and Port Huron. But now that the Detroit auto makers are in the very ugly throes of near-bankruptcy, and with Congress seemingly ready to let the Big Three die, maybe the off-reservation gaming proposals will have new legs in the 111th Congress?

Several questions need answering. First, how will the Obama Administration view Indian gaming, especially off-reservation? I wonder, given that the Administration doesn’t have much to gain politically by supporting tribal gaming, but might have much to lose. Tribes need to make the Obama Administration realize the benefits of off-reservation. Second, how will off-reservation gaming in southeastern Michigan help local economies? Again, tribes need to make a strong case, and it may be the same case made to answer the first question.

First Americans Can Carry Michigan for Obama

Matthew L.M. Fletcher1 Comment

From Bryan Newland:

Aanii,

My name is Bryan Newland. I am a Bay Mills Ojibwe and a volunteer with the Obama 2008 campaign. This Tuesday, November 4th, is Election Day and we are making a big push to increase Native voter turnout here in Michigan to carry Senator Obama into the White House. In order to do this, we need your help.

Senator Obama has put together a comprehensive platform on Indian issues and has been endorsed by more than 100 tribal leaders across the United States, as well as Indian Country Today. Senator Obama has pledged to appoint an American Indian policy advisor to his senior White House staff to give Indian Country direct access to the President. He has voiced strong support for strengthening the nation-to-nation relationship between the United States and Indian tribes and has pledged to protect and strengthen tribal sovereignty. You can find out more about his Indian Issues Platform at: http://my.barackobama.com/page/content/firstamshome. I also encourage you to join our Facebook Group: Michigan Natives for Obama.

Continue reading →

Obama vs. McCain and the Federal Judiciary

Matthew L.M. Fletcher9 Comments

The NYT’s editorial today on the impact of the Presidential election on the federal judiciary should be especially salient to tribal advocates. Sen. McCain promises to continue to stock the federal judiciary and the Supreme Court with arch-conservatives like Justices Scalia and Thomas.  Sen. Obama has been more circumspect in his comments about federal judicial appointments, but the NYT editors (and we agree) assume he will appoint moderate liberals like Justice Breyer to the Court.

There are plenty of American Indian voters who have decided to back Sen. McCain, but they should reconsider in light of the import of his promises relating to the federal judiciary.

Consider what eight years of the Bush II Administration did to tribal interests, and add that to the 12 years of the Reagan and Bush I Administrations. Federal Indian law professors now recognize in general that 1986 or so was a major turning point in the success of tribal interests before the Supreme Court. From 1959 to 1986, tribal interests prevailed about 55-60 percent of the time before the Court, when the majority of the Court were liberals and centrists. Since then, they have lost more than 75 percent of the time. Seven of the nine current Justices are Republican appointees.

Continue reading →