Supreme Court

California Reply Brief in Support of Cert Petition in Rincon Band Revenue Sharing Case

Matthew L.M. Fletcher1 Comment

Here: California Reply in Support of Petition

NCAI Amicus Brief in Support of Osage Cert Petition

Matthew L.M. Fletcher

Here: NCAI Amicus in Support of Cert Petition

Holiday Reading: Jicarilla Apache Nation Cert Opp in Trust Case re: Federal Attorney-Client Privilege

Matthew L.M. Fletcher

Here: Jicarilla cert opposition.

The petition and link to lower court materials is here.

NYTs: “Supreme Court Opinions Long on Words but Short on Guidance”

Matthew L.M. Fletcher

A truly outstanding article by Adam Liptak (h/t to R.S.) appears here.

Rincon Band Cert Opposition in IGRA Revenue Sharing Case

Matthew L.M. Fletcher2 Comments

Here: Rincon Band Cert Opp.

Petition is here, with link to the lower court materials.

Osage Nation v. Irby is the Petition of the Day

Matthew L.M. Fletcher

From SCOTUSblog:

Title: Osage Nation v. Irby
Docket: 10-537
Issue(s): (1) Whether, in determining whether Congress “disestablished an Indian reservation,” pursuant to Solem v. Bartlett (1984), courts are limited to the statutory text, legislative history, and views of the Executive Branch or can instead also consider other external indicia; and (2) whether the lower court properly ruled a Native American tribe’s reservation had been “disestablished.”

Certiorari-Stage Documents:

SCOTUSBlog Petition of the Day: Constitutional Challenge to Tobacco Master Settlement Agreement

Matthew L.M. Fletcher

From SCOTUSblog:

Title: S&M Brands, Inc. v. Caldwell
Docket: 10-622
Issue(s): (1) Whether a binding agreement among multiple states and private companies is immunized from antitrust scrutiny under the state-action immunity doctrine of Parker v. Brown, 317 U.S. 341 (1943); and (2) whether a binding agreement among multiple states, with both intra- and interstate effects, violates the Compact Clause, Article I, § 10, cl. 3 of the United States Constitution, in the absence of congressional approval.

Certiorari-Stage Documents:

Seems worthwhile for Indian country to watch this case, even participate, since the tobacco MSA has had such a dramatic impact on Indian country business activities.

Supreme Court Denies Cert in Indian Country Voting Rights Case

Matthew L.M. Fletcher

The Eighth Circuit’s 7-4 en banc decision in Cottier v. City of Martin, S.D. will stand. Order list here.

Cert Petition in API v. Sac and Fox Tribe (Iowa)

Matthew L.M. Fletcher

Here: API Cert Petition.

Questions presented:

The questions presented are:
(1) Do the federal agencies’ orders establish that the Walker Council had authority to control the casino and enter the contract, such that the Tribe’s claims must be arbitrated, not litigated in tribal court?
(2) Does the tribal court lack jurisdiction over the Tribe’s claims that petitioner committed tribal-law torts by entering into the casino, investigating the dissidents’ illegal operation of the casino, and receiving payments from the Walker Council?
Lower court materials here.

Glacier Electric Coop. Reply to Cert Opposition

Matthew L.M. Fletcher

Here: Glacier Elec Reply Brief