SCOTUS Denies Cert in Two Indian Fishing Cases

Here is today’s order list.

The court denied cert in Scudero v. Alaska (cert stage materials) and Snoqualmie v. Washington (cert stage materials).

Where cert petitions go to dieU.S. Supreme Court interiors. Corridor, U.S. Supreme Court

Snoqualmie v. Washington Cert Petition

Here:

Questions presented:

  1. Whether the federal courts have the constitutional authority to unilaterally abrogate all rights guaranteed to an Indian tribe under a treaty with the United States absent congressional action.
  2. Whether the Ninth Circuit erred by applying issue preclusion to hold that Snoqualmie was not a party to the Treaty even though the Executive Branch expressly recognizes Snoqualmie as a Treaty party.

Lower court materials here.

Amicus briefs in support of the petition:

Samish Indian Nation v. Washington Cert Petition

Here:

Appendix

Questions presented:

  1. Whether Eleventh Amendment sovereign immunity and tribal sovereign immunity deprived the lower courts of subject-matter jurisdiction over the Snoqualmie Indian Tribe’s claim, requiring dismissal on that ground under United States Supreme Court precedent including Steel Co. v. Citizens for a Better Environment, 523 U.S. 83 (1996).
  2. Whether, under United States Supreme Court precedent including Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574 (1999) and Sinochem Int’l Co. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (2007), an issue preclusion dismissal is a merits dismissal and excluded from the threshold grounds among which a federal court may choose to dismiss a case before establishing its subject-matter jurisdiction.
  3. Whether, under United States Supreme Court precedent including Sinochem Int’l Co. v. Malaysia Intern. Shipping Corp., 549 U.S. 422 (2007), jurisdictional issues in this case were not “arduous” or “difficult to determine” because the lower courts could readily determine that they lacked jurisdiction, such that those courts committed reversible error in bypassing determination of their subject-matter jurisdiction and proceeding to dismiss the case instead with prejudice on issue preclusion grounds.
“Siwash” Indians Harvesting Hops at Snoqualmie

Lower court materials here.

Ninth Circuit Materials in Snoqualmie Tribe v. State of Washington

Briefs:

Samish Brief

Samish Reply

Sauk-Suiattle Amicus Brief

Snoqualmie Brief

Snoqualmie Reply

State Response Brief

Treaty Tribes Amicus Brief

Tulalip Amicus Brief

Lower court materials here.

Federal Court Dismisses Snoqualmie’s Play for Hunting and Gathering Rights under Treaty of Point Elliott

Here are the materials in Snoqualmie Indian Tribe v. State of Washington (W.D. Wash.):

14-snoqualmie-msj.pdf

27-point-elliott-tribes-amicus-brief.pdf

27-1-exhibits.pdf

29-state-mtd.pdf

31-snoqualmie-response.pdf

38-state-reply.pdf

39-dct-order.pdf

We posted the complaint here.