Wisconsin COA Rejects Challenge to Constitutionality of PL280

Here is the unpublished opinion in State of Wisconsin v. House:

Briefs here.

Public Law 280 is the classic example of what SCOTUS would strike down as violating the anti-commandeering principle of the Tenth Amendment. It is a mandate to states (six of them, including Wisconsin) to assume criminal jurisdiction over Indian country and it’s basically unfounded (more or less like most other aspects of Indian country criminal jurisdiction). I guess since the mandatory PL280 states consent to this federal commandeering of their legislative process, it’s okay? Or since the states retain prosecutorial discretion in individual cases? Like a lot of crap the Supreme Court has been shoving down our collective throats for the last few decades, anti-commandeering law is just stupid with two Os (thank you Knives Out for that one).

Minnesota Federal Court Declines to Dismiss Mille Lacs Band Suit against County Attorney and Sheriff after Remand from Eighth Circuit

Here are the updated materials in Mille Lacs Band of Chippewa Indians v. County of Mille Lacs (D. Minn.):

292 CA8 Order Dismissing Appeal

305 County Sheriff Motion to Dismiss

308 Response

310 Reply

Prior post here.

Community house on the agency near Vineland Bay on Mille Lacs Lake, Minnesota

Federal Court Stays Mille Lacs Reservation Boundaries Case Pending Interlocutory Appeal by County Officials

Here are the materials in Mille Lacs Band of Chippewa Indians v. County of Mille Lacs (D. Minn.):

225 Tribe Motion for Summary Judgment

241 County Motion for Summary Judgment

250 State of Minnesota Amicus Brief

265-1 US Amicus Brief

269 Tribe Reply

271 County Reply

286 Tribe Supplemental Brief

288 County Response to 286

290 DCT Order

Prior post here.

Briefing in Mille Lacs Reservation Boundaries Case

Here are the materials in Mille Lacs Band of Chippewa Indians v. County of Mille Lacs (D. Minn.):

225 Tribe Motion for Summary Judgment

241 County Motion for Summary Judgment

250 State of Minnesota Amicus Brief

265-1 US Amicus Brief

Prior post here.

Federal Court Holds Mille Lacs Ojibwe Has Standing to Sue County over Reservation Boundaries

Here are the materials in Mille Lacs Band of Ojibwe v. County of Mille Lacs (D. Minn.):

149 Mille Lacs Band Motion for Summary J

164 Walsh Motion for Summary J

173 Mille Lacs Band Response

176 Walsh Response

184 County Motion for Sanctions

190 Mille Lacs Band Response to 184

194 Mille Lacs Band Reply

198 Walsh Reply

217 DCT Order

Prior posts here and here.