Rule 19 – Page 7 – Turtle Talk

Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

Here are the merit stage briefs:

Upper Skagit Brief

United States Brief

NCAI Amicus Brief

Tribal Amicus Brief

Tribal Amicus Brief II

States Amicus Brief in Support of Neither Party

Respondents Brief

Cert stage briefs:

Cert Petition

Cert Opp

Lower court materials:

Washington SCT Decision

Appellants Brief

Respondents Brief

SCOTUS Grants Cert in Upper Skagit In Rem Immunity Matter

December 11, 2017December 11, 2017Matthew L.M. Fletcher

Here is the order list from last Friday.

Here are the cert stage materials in Upper Skagit Indian Tribe v. Lundgren.

Lower court materials here.

Public Service Co. of New Mexico v. Barboan Cert Petition

November 27, 2017November 27, 2017Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Questions presented:

1. Does 25 U.S.C. § 357 authorize a condemnation action against a parcel of allotted land in which an Indian tribe has a fractional beneficial interest, especially where (a) the the tribe holds less than a majority interest, (b) the purpose of condemnation is to maintain a long-standing right-of-way for a public utility, and (c) the statute was not “passed for the benefit of dependent Indian tribes.” Alaska Pacific Fisheries v. United States, 248 U.S. 78, 89 (1918)?

2. If 25 U.S.C. § 357 authorizes such a condemnation action, may the action move forward if the Indian tribe invokes sovereign immunity and cannot be joined as a party to the action?

Lower court materials here.