Secretary of Interior

Kickapoo v. Texas Cert Petition

Matthew L.M. Fletcher1 Comment

The petition is here. This case concerns the validity of25 CFR Part 291, the procedures established by the Secretary of the Interior to act as a “Seminole fix.”

There is no serious chance the Court will grant cert in this case, unless the United States also files a petition. Even then, this is a likely case of first impression, a death knell for cert petitions.

Really, I should get out of the certiorari prediction business….

Cal. Miwok v. United States (CA DC)

Matthew L.M. Fletcher

The D.C. Circuit affirmed the decision of the Secretary of Interior declining to approve the California Miwok Tribe’s constitution on the grounds that only a small number of tribal members participated in its formation, to the exclusion of most others.

CA DC Opinion

Kansas v. Kempthorne & Wyandotte Nation — Revised CA10 Opinion

Matthew L.M. Fletcher

The Tenth Circuit granted the government’s motion for rehearing and issued a revised opinion.

CA10 Panel Decision (pre-rehearing)

Kempthorne Petition for Rehearing

State and Tribal Response to Petition

Texas v. United States Materials (Corrected)

Matthew L.M. Fletcher2 Comments

Here are the briefs in the Texas v. United States case re: the Class III Procedures.

Brief of Appellant

United States Brief

Kickapoo Brief

Reply Brief

The opinion is here: Opinion

Kansas v. Kempthorne Materials

Matthew L.M. Fletcher

Recently, the Tenth Circuit decided Kansas v. Kempthorne, perhaps the final round of the Wyandotte Nation of Oklahoma’s bid to open a casino in Kansas City. After a decade of litigation, it appears the Nation has prevailed. What was interesting about the final product was that the 10th Circuit held that the State’s arguments were barred by the Quiet Title Act — because the Secretary had taken the land into trust prior to the filing of the State’s lawsuit, the QTA barred the suit.

Here’s the opinion: CA10 Opinion

Here’s the appellant brief (Kansas and three tribes): Appellant’s Opening Brief

Here’s the federal response brief: Federal Appellee Brief

Here’s the reply brief: Appellant’s Reply Brief

Vann v. Kempthorne Materials

Matthew L.M. Fletcher

Last December, the federal court denied the Cherokee Nation’s motion to dismiss Vann v. Kempthorne. The Nation had argued that it was a necessary and indispensable party under FRCP 19. And, because it hadn’t waived its immunity, the Nation argued that the federal case must be dismissed. The United States argued that the case should be dismissed under the tribal court exhaustion doctrine. The court disagreed.

Vann 2nd Amended Complaint

Cherokee Motion to Dismiss

Opposition to Cherokee Motion

Cherokee Reply Brief

US Brief

Order Denying Motion

My own article on Rule 19 and tribal interests is here.

Gun Lake Casino Oral Argument Report

Matthew L.M. Fletcher3 Comments

From the Kalamazoo Gazette: “Both sides said they were optimistic after arguments were presented Friday before the U.S. Court of Appeals over the future of a proposed Indian casino in Wayland Township.James Nye, a spokesman for the Gun Lake Tribe of Potawatomi Indians, said the group is prepared to begin casino construction before year’s end if the three-judge panel ejects a challenge by Michigan Gambling Opposition, or MichGO.”

MichGO v. Kempthorne Materials

Matthew L.M. Fletcher2 Comments

This case involves a challenge to the Secretary of Interior’s decision to take land into trust for gaming purposes benefiting the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (a/k/a Gun Lake Band).

Here is a recent news article noting that the D.C. Circuit heard oral argument in this case this morning.

Here is Gun Lake’s appellate brief [it is very large, 103 pages].