Interior Cert Stage Reply Brief in Patchak

Here.

Gun Lake Band Cert Stage Reply Brief in Patchak Case

Here:

Gun Lake Cert Stage Reply

Sen. Akaka and Rep. Cole on Carcieri Fix: “Create Jobs, Cost Taxpayers Nothing”

Here. An excerpt:

In the Carcieri v. Salazar decision, the Supreme Court reversed 75 years of policy and practice. The Indian Reorganization Act (IRA) of 1934 authorized the secretary of the Interior to take lands into trust for federally recognized tribes. The court threw all tribes into a tailspin of uncertainty by ruling that the secretary did not have the authority to take land into trust for tribes that were not considered “under federal jurisdiction” when the IRA was enacted. The court did not define “under federal jurisdiction,” and in 1934 there wasn’t an official list of federally recognized tribes. The decision creates two classes of tribes: those that can have land in trust and those that cannot. Such a system promises to be both chaotic and unfair.

So much land has been taken from tribes and tribal members — it is unconscionable to make it harder for tribes to gain back their traditional lands. Congress enacted the IRA to protect tribal homelands and to restore land that was previously seized from the native peoples. It is the responsibility of Congress to act when its intentions are misconstrued by the courts, and so we must act now.

And here (hope it is readable):

Continue reading

SCOTUSBlog Petition of the Day (Yesterday): Salazar v. Ramah Navajo Chapter

Here:

The petition of the day is:

Salazar v. Ramah Navajo Chapter

Docket: 11-551
Issue(s): Whether the government is required to pay all of the contract support costs incurred by a tribal contractor under the Indian Self-Determination and Education Assistance Act, 25 U.S.C. § 450 et seq., where Congress has imposed an express statutory cap on the appropriations available to pay such costs and the Secretary cannot pay all such costs for all tribal contractors without exceeding the statutory cap.

Certiorari stage documents:

NYTs on Law Professors and SCT Amicus Briefs

Here.

The paper to which this article discusses is here.

Supreme Court Grants Cert in All Pending Health Care Act Cases

Here is the order. Indian country could be affected if the Supreme Court strikes down enough of the Patient Protection and Affordable Care Act to reach a conclusion that none of it could be severed and survive. While that seems unlikely, it is possible. Such a result threatens the implementation of the Indian Health Care Improvement Act.

Here is the tribal amicus brief in the Eleventh Circuit.

SCOTUSBlog Petition of the Day: Michigan v. U.S. Army Corps

Here:

The petition of the day is:

Michigan v. U.S. Army Corps of Engineers

Docket: 11-541
Issue(s): (1) Whether a request for multiple types of preliminary injunctive relief requires a balancing of harms with respect to each form of relief requested; and (2) whether a party’s statement that it is “considering” implementing the relief requested in a motion for injunction is a ground for denying the injunction.

Certiorari stage documents:

Patchak Cert Opposition Brief

Here:

Patchak Oppn to Cert Pet

The petitions and other materials are here and here.

K2 v. Roland Oil & Gas Co. Cert Petition

Here:

K2 Cert Petition

Here is the question presented:

Whether federal courts have jurisdiction over civil actions that seek to adjudicate ownership of or possession to any interest in real property the title to which is held by the United States in trust on behalf of Indians, as stated in Boisclair v. Superior Court, 801 P.2d 305 (Cal. 1990)(en banc).

Here are the lower court materials.

Government Acquiesces in Arctic Slope v. Sebelius Cert Petition

Here is that brief:

Government Response Brief

The government conceded a circuit split. The SG also states that the government will be filing a cert petition in a parallel case — Ramah Navajo Chapter v. Salazar — but perhaps since that case is a class action, the OSG argues that the Arctic Slope case would be a better vehicle.

Here is that petition:

Salazar v. Ramah Navajo Chapter Cert Petition