oral argument

Wilton Rancheria Files Cert Petition in Labor Dispute

Matthew L.M. Fletcher

Here is the petition in Wilton Rancheria v. UNITE HERE:

Petition.pdfDownload

Question presented:

Notwithstanding the deference afforded to arbitration awards, arbitrators lack the power to facially invalidate federal and state statutes. Similarly, courts defer to Tribal interpretation of Tribal law, as a critical element of longstanding policies upholding and safeguarding Tribal sovereignty. Does an arbitrator exceed his authority when he facially invalidates a duly-enacted Tribal law, especially when a court would not do so and when he would not be permitted to invalidate a duly-enacted federal or state statute?

Lower court materials here. Ninth Circuit unpublished opinion here.

Diego Rivera at the Detroit Institute of Art

Ninth Circuit Materials in UNITE HERE International v. Wilton Rancheria

Matthew L.M. Fletcher

Brief (only one is available?):

Opening Brief

Lower court materials here.

Ninth Circuit Rejects Stillaguamish Effort to Expand U&A Territory [U.S. v. Washington Subproceeding 17-03]

Matthew L.M. Fletcher

Here is the unpublished opinion in Stillaguamish Indian Tribe v. Upper Skagit Indian Tribe.

Briefs here.

Ninth Circuit Materials in Stillaguamish v. Upper Skagit [U.S. v. Washington Subproceeding 17-03]

Matthew L.M. Fletcher

Here are the briefs:

Stillaguamish Opening Brief

Sauk-Suiattle Amicus Brief

Skallam Tribes Answer Brief

Swinomish Answer Brief

Tulalip Answer Brief

Upper Skagit Answer Brief

Upper Skagit Response to Sauk-Suiattle

Stillaguamish Reply

Lower court materials here.

SCOTUS Denies Cert in Apache Stronghold v. US over Lengthy Gorsuch Dissent

Matthew L.M. Fletcher

Here is today’s order list, with the dissent beginning on page 6.

An excerpt:

While this Court enjoys the power to choose which cases it will hear, its decision to shuffle this case off our docket without a full airing is a grievous mistake—one with consequences that threaten to reverberate for generations. Just imagine if the government sought to demolish a historic cathedral on so questionable a chain of legal reasoning. I have no doubt that we would find that case worth our time. Faced with the government’s plan to destroy an ancient site of tribal worship, we owe the Apaches no less. They may live far from Washington, D. C., and their history and religious practices may be unfamiliar to many. But that should make no difference. “Popular religious views are easy enough to defend. It is in protecting unpopular religious beliefs that we prove this country’s commitment to . . . religious freedom.” Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Comm’n, 584 U. S. 617, 649 (2018) (GORSUCH, J., concurring).

Prior posts here,

Tenth Circuit Oral Argument Audio in Thlopthlocco Tribal Town v. Wiley

Matthew L.M. Fletcher

Here.

Briefs here.

Federal Cert Opposition Brief in Apache Stronghold

Matthew L.M. Fletcher

Here:

Federal BOPDownload

Cert petition here. Tribal amicus briefs here.

Tribal Amicus Briefs Supporting Cert Petition in Oak Flat Case

Matthew L.M. Fletcher

Here:

Tribal Orgs BriefDownload
San Carlos Apache BriefDownload
Apache Elder BriefDownload

Cert petition here.

Apache Stronghold v. United States Cert Petition

Matthew L.M. Fletcher

Here:

Petition.pdfDownload

Lower court materials here.

Ninth Circuit Oral Argument Video in Puyallup Tribe of Indians v. Electron Hydro LLC

Matthew L.M. Fletcher

Here:

More details TK.

Complaint and settlement order here.