Shawnee Tribe v. Yellen

D.C. Circuit Issues CARES Act Opinion in Shawnee v. Yellen, or is it Miccosukee v. Yellen or Prairie Band Potawatomi v. Yellen?

Matthew L.M. Fletcher

Here is the opinion in Prairie Band Potawatomi Nation v. Yellen. Long story short, Shawnee settled (I think) so they’re out, Miccosukee is out because their challenge is moot, and Prairie Band gets a remand ‘cuz the gummint’s got some ‘splaining to do. No zhoonya for tribal interests here, though the billables keep coming.

Briefs:

Opening Brief.pdfDownload
Federal Brief.pdfDownload
Reply.pdfDownload
Tribal Supplemental Brief.pdfDownload
Federal Supplemental Brief.pdfDownload

Lower court materials here (I think).

Not sure if this guy is entitled to zhoonya, but if he is, he deserves more than $70.

D.C. Federal Court Rejects Prairie Band/Miccosukee CARES Act Formula Challenge

Matthew L.M. Fletcher

Here are the materials in Shawnee Tribe v. Yellen (D.D.C.):

65 Tribes Motion for PI

70 Tribes Motion for Summary J

71 Opposition to 65

73 Reply in Support of 65

74 DCT Order Denying Injunction

88 Amended Tribal Motion for Summary J

91 US Cross-Motion for Summary J

93 Tribal Reply in Support of 88

95 Federal Reply in Support of 91

98 DCT Order

Prior post here.

Hmmm. Comparing 1918 federal response to a pandemic — a sternly worded telegram — with 2020 — money, just not enough.