Supreme Court
SCOTUS Denies Cert in Oklahoma Indian Status Case
Here is yesterday’s order list.
The Oklahoma case was Oklahoma v. Wadkins. Lower court materials here.
The Court also denied cert in the Clarkson case.
Slockish v. Dept. of Transportation Cert Petition
Here:
Question presented:
Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the authority of federal courts to order equitable relief affecting nonparties.
Lower court materials here.
Briefing Completed in Haaland v. Brackeen [ICWA]
With the reply briefs filed yesterday, all of the briefing is completed in the Supreme Court case Haaland v. Brackeen. Oral argument will be at the Court on November 9th. There will be a decision before the end of June, 2023, though there’s no good way to determine when that will arrive other than that.
Tu Stultus Es — Pactum Reservati Dominii
Here.
Long Conference Update: SCOTUS Denies Cert in a Several Indian Law Cases
Here is yesterday’s order list.
1. The Court denied cert in Acres v. Marston, part of a longstanding — and by now patently ridiculous — effort by a nonmember to punish an Indian tribe’s employees for working at the tribe. The petition is here (the respondent’s waived the right to respond):
2. The Court also denied cert in Mill Bay Members Assn. v. United States, another petition related to a longstanding effort by nonmembers to punish an Indian tribe for existing, this time by suing the federal government. The petition is here (the government waived the right to respond):
3. The Court also denied cert in Becker v. Ute Indian Tribe, a case about tribal exhaustion with a plausible, if weak, circuit split — perhaps, again, because this is a longstanding, ridiculous dispute between a nonmember and tribe (both sides ridiculous this time). The cert stage briefs are here.
4. The Court, finally, denied cert in Quaempts v. Lopez, an unremarkable sovereign immunity matter.
ACS Supreme Court Preview Panel [featuring Singel on Brackeen)
Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case
Here is the petition in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin:
Question presented:
Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.
Lower court materials here.
Update:
American Constitution Society 2022 Supreme Court Preview [featuring Singel]
Register here.
Description:
Join ACS for our Annual Supreme Court Preview, part of our observation of this year’s Constitution Day. After the seismic decisions handed down last Term, all eyes will be on the Court this fall to see what may come next. The Preview will feature a diverse group of constitutional and legal experts offering their insights into the upcoming Supreme Court Term that begins on October 3rd.
Welcome Remarks
Russ Feingold, ACS President
Speakers
Adam Liptak, Supreme Court Correspondent, The New York Times (moderator)
Deborah Archer, President, ACLU; Professor of Clinical Law and Co-Faculty Director of the Center on Race, Inequality, and the Law, NYU School of Law
Jonathan Diaz, Senior Legal Counsel, Campaign Legal Center
Kent Greenfield, Professor and Dean’s Distinguished Scholar, Boston College Law School
Wenona Singel, Associate Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law
Shoba Sivaprasad Wadhia, Associate Dean for Diversity, Equity, and Inclusion; Samuel Weiss Faculty Scholar; and Clinical Professor of Law, Penn State Law
American Constitution Society 2022 Supreme Court Preview — Thursday, 9/15 @ 12:30 EST [featuring Singel]
Register here.
Description:
Join ACS for our Annual Supreme Court Preview, part of our observation of this year’s Constitution Day. After the seismic decisions handed down last Term, all eyes will be on the Court this fall to see what may come next. The Preview will feature a diverse group of constitutional and legal experts offering their insights into the upcoming Supreme Court Term that begins on October 3rd.
Welcome Remarks
Russ Feingold, ACS President
Speakers
Adam Liptak, Supreme Court Correspondent, The New York Times (moderator)
Deborah Archer, President, ACLU; Professor of Clinical Law and Co-Faculty Director of the Center on Race, Inequality, and the Law, NYU School of Law
Jonathan Diaz, Senior Legal Counsel, Campaign Legal Center
Kent Greenfield, Professor and Dean’s Distinguished Scholar, Boston College Law School
Wenona Singel, Associate Professor of Law and Director of the Indigenous Law & Policy Center, Michigan State University College of Law
Shoba Sivaprasad Wadhia, Associate Dean for Diversity, Equity, and Inclusion; Samuel Weiss Faculty Scholar; and Clinical Professor of Law, Penn State Law
Turtle Talk 
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